Legal Opinion
State v. Morgan
Oregon Supreme Court
Decided June 17, 1993No. CC 90-12-36851; CA A70425; SC S39950PublishedCited by 43 opinions
1Opinion of the CourtPeterson, J.
The issue in this criminal case is whether the enactment of sentencing guidelines statutes in 1989 impliedly repealed ORS 163.115(3), which requires and authorizes mandatory murder sentences. The Court of Appeals, although mindful that repeals by implication are not favored, held that “ORS 163.115(3) has been superseded in its entirety by the guidelines.” State v. Morgan, 116 Or App 338, 345, 842 P2d 406 (1992). We affirm the decision of the Court of Appeals, in part on different grounds.
ORS 163.115(3) provides:
“ (a) A person convicted of murder shall be punished by imprisonment for life.
“(b)…
2Cases cited2 opinions
- State v. DavisOregon Supreme Court · 1993
- State v. MorganCourt of Appeals of Oregon · 1993
3Cited by43 opinions
- State v. FarmerOregon Supreme Court · 1993
- State v. McLainCourt of Appeals of Oregon · 1999
- State v. FrancisCourt of Appeals of Oregon · 1998
- State v. Bruce Lincoln ButterfieldCourt of Appeals of Oregon · 1994
- State v. DavisCourt of Appeals of Oregon · 2007
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