Legal Opinion
Curry v. Palmateer
Court of Appeals for the Ninth Circuit
Decided April 16, 2003No. 02-35017; D.C. No. CV-99-00617-KIPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM**
1. The Applicability of Former Or. Admin. R. 253-04-006(3)
The district court erred in finding that Curry’s prior Washington convictions resulted in a probationary disposition and hence not a “sentence” within the meaning of former Oregon Admin. R. 253-04-006(3) (the “single judicial proceeding” rule). There is no reason to treat Curry’s Washington sentence as anything other than that—a sentence. The Washington court’s “minute entry,” judicially noted by the Oregon Court of Appeals, states, “The Court sentences the Def. to a term of total confinement of 90 days on both counts,…
2Cases cited9 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Penry v. JohnsonSupreme Court of the United States · 2001
- Glover v. United StatesSupreme Court of the United States · 2001
- Jesus Garcia Delgado v. Gail Lewis, Deputy Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2000
- State v. BucholzOregon Supreme Court · 1993
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3Cited by3 opinions
- State v. CurryCourt of Appeals of Oregon · 2006
- Korn v. United StatesDistrict Court, C.D. California · 2013
- Rocha-Chacon v. United StatesDistrict Court, D. Arizona · 2019