State v. Tanner

Does Oregon’s particular — indeed, somewhat peculiar — statutory scheme for imposition of consecutive sentences for crimes arising from a “continuous and uninterrupted course of conduct,” ORS 137.123(4) and (5), require judicial factfinding that violates the constitutional principles announced in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), and Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004)?1

That question, although stark, is hardly easy. Almost nothing touching on Apprendi and Blakely and their implications is. We, like other state…