Legal Opinion

McDonald v. Belleque

Court of Appeals of Oregon

Decided July 5, 2006No. 05C-15755; A129982PublishedCited by 6 opinions

1Opinion of the CourtHaselton, P. J.

Petitioner appeals from a judgment dismissing his petition for post-conviction relief that alleged claims predicated on Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), and Crawford v. Washington, 541 US 36, 124 S Ct 1354, 158 L Ed 2d 177 (2004). We affirm without further discussion the dismissal of petitioner’s Blakely-based claims. See Lutz v. Hill, 205 Or App 252, 134 P3d 1003 (2006). For the reasons that follow, we also affirm the dismissal of petitioner’s Crawford-based claims.

This appeal arises from the allowance of a motion to dismiss; accordingly, we assume…

2Cases cited25 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  5. McMillan v. PennsylvaniaSupreme Court of the United States · 1986

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3Cited by6 opinions

  1. In re M.P.Court of Appeals of Texas · 2007
  2. Peed v. HillCourt of Appeals of Oregon · 2007
  3. State v. Sasha Dee MartinezIdaho Court of Appeals · 2013
  4. Carl v. Long v. C. Tony Wright, Texas Court of Appeals, 10th District (Waco)2002
  5. In Re MP, Texas Court of Appeals, 10th District (Waco)2007

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