Legal Opinion

Case v. Cain

Court of Appeals of Oregon

Decided August 19, 2020No. A164729PublishedCited by 2 opinions

1Opinion of the Court

21 Submitted March 15, 2019, reversed and remanded August 19, 2020 DAVID KIRKPATRICK CASE, Petitioner-Appellant, v. Brad CAIN, Superintendent, Snake River Correctional Institution, Defendant-Respondent. Malheur County Circuit Court 16CV20844; A164729

474 P3d 415

In 1999, when petitioner was a youth, he was sentenced under a mandatory sentencing scheme to life in prison for a minimum of 30 years. After the United States Supreme Court’s decision in Miller v. Alabama, 567 US 460, 132 S Ct 2455,

183 L Ed 2d 407

(2012), which held that a mandatory life sentence with- out the possibility of parole is…

2Cases cited8 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Montgomery v. LouisianaSupreme Court of the United States · 2016
  3. Palmer v. State of OregonOregon Supreme Court · 1994
  4. Eklof v. StewardOregon Supreme Court · 2016
  5. Palmer v. State of OregonCourt of Appeals of Oregon · 1993

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3Cited by2 opinions

  1. Case v. CainCourt of Appeals of Oregon · 2021
  2. Siquina-Tasej v. SAIFCourt of Appeals of Oregon · 2020

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