Blakely v. Cupp

Petitioners are 28 individuals who have been convicted of the crime of contributing to the delinquency of a minor. ORS 167.210. Twenty-five have petitioned for post-conviction relief, ORS 138.510 et seq, on the ground that the portion of the statute under which they were convicted, ORS 167.210, was declared unconstitutional by the Supreme Court in State v. Hodges, 254 Or 21, 457 P2d 491 (1969).

The other three petitioners were convicted under a different portion of ORS 167.210. These three contend that they are entitled to the same relief because the reasoning in Hodges which led to the…