Legal Opinion

State v. Rodriguez/Buck

Oregon Supreme Court

Decided September 24, 2009No. CC C051244CR; CA A131050; SC S055720; CC 04102314; CA A131973; SC S055721PublishedCited by 91 opinions

(Cases Consolidated for Argument and Opinion)

1Opinion of the Court

*49BALMER, J.

These two criminal cases, which we consolidated for argument and disposition, require us to interpret and apply the requirement in Article I, section 16, of the Oregon Constitution that “all penalties shall be proportioned to the offense.”1

Veronica Rodriguez touched a 13-year-old boy when, standing behind him in a room with 30 to 50 other people, she brought the back of his head into contact with her clothed breasts for about one minute. Darryl Buck touched a 13-year-old girl when the girl, who was sitting next to him while she was fishing, leaned back to cast her fishing line,…

2Cases cited27 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Harmelin v. MichiganSupreme Court of the United States · 1991
  3. People v. LeonardCalifornia Supreme Court · 2007
  4. State Ex Rel. Huddleston v. SawyerOregon Supreme Court · 1997
  5. State v. KingOregon Supreme Court · 1989

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3Cited by91 opinions

  1. State of Iowa v. Bradley Elroy WickesSupreme Court of Iowa · 2018
  2. Couey v. AtkinsOregon Supreme Court · 2015
  3. State v. RyanOregon Supreme Court · 2017
  4. State of Maine v. Theodore S. StanislawSupreme Judicial Court of Maine · 2013
  5. State v. WoodallCourt of Appeals of Oregon · 2013

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