Legal Opinion

State v. Partain

Oregon Supreme Court

Decided September 10, 2010No. CC 03P3038; CA A132336; SC S057581PublishedCited by 23 opinions

1Opinion of the Court

*12GILLETTE, J.

This case concerns the propriety of a 600-month prison sentence imposed on a defendant in a sex abuse case, after the Court of Appeals had vacated the 420-month sentence that the trial court originally had imposed. On defendant’s appeal from the second sentence, the Court of Appeals reversed, holding that the trial court had violated the rule announced by this court in State v. Turner, 247 Or 301, 313, 429 P2d 565 (1967) — that, when a defendant is retried after a successful appeal of his or her conviction, the court in the second proceeding may not impose a harsher sentence than…

2Cases cited18 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Texas v. McCulloughSupreme Court of the United States · 1986
  3. State v. WelchOregon Supreme Court · 1973
  4. State v. TurnerOregon Supreme Court · 1967
  5. G. L. v. Kaiser Foundation Hospitals, Inc.Oregon Supreme Court · 1988

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3Cited by23 opinions

  1. Lake Oswego Preservation Society v. City of Lake OswegoOregon Supreme Court · 2016
  2. Febuary v. State of OregonOregon Supreme Court · 2017
  3. State v. WorthCourt of Appeals of Oregon · 2015
  4. State v. ZolotoffCourt of Appeals of Oregon · 2015
  5. State v. FebuaryCourt of Appeals of Oregon · 2015

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