Legal Opinion

McClanahan v. Hill

Court of Appeals of Oregon

Decided May 25, 2005No. CV00-0145; A112913PublishedCited by 1 opinion

1Per curiam

Petitioner appeals from the post-conviction court’s denial of his petition for post-conviction relief, making several arguments in his appellate brief. We reject those arguments without discussion. Petitioner also has filed a supplemental brief in which he asserts that the stipulated departure sentence on his conviction for first-degree manslaughter is unconstitutional under Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), and Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000).

We reject petitioner’s argument because the principles announced by…

2Cases cited6 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Schriro v. SummerlinSupreme Court of the United States · 2004
  4. Page v. PalmateerOregon Supreme Court · 2004
  5. Makinson v. LampertCourt of Appeals of Oregon · 2005

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3Cited by1 opinion

  1. McClanahan v. HillCourt of Appeals of Oregon · 2005

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