State Ex Rel. Russell v. Jones

A majority of this court holds that Article I, section 11, of the Oregon Constitution guarantees that defense counsel cannot be barred from attendance at a presentence interview and a plurality would reach the same result under the Sixth Amendment to the United States Constitution. I disagree with both conclusions.

The majority holds that the presentence investigation “is a part of the sentencing procedure,” and that “just as a sentencing hearing to determine a defendant’s future liberty is a stage of a prosecution at which the assistance of counsel cannot be denied, so is a presentence…