Legal Opinion
Page v. Palmateer
Oregon Supreme Court
Decided February 5, 2004No. CC 99C-11782; CA A114830; SC S50171PublishedCited by 29 opinions
1Opinion of the CourtDe Muniz, J.
The issue in this case is whether the federal constitutional right announced in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), applies retroactively to post-conviction relief proceedings in Oregon. We hold that the right announced in Apprendi does not apply retroactively and we affirm the Court of Appeals’ decision to that effect.
We draw the undisputed facts from the briefs filed in this court and in the Court of Appeals, and from the record of the post-conviction proceedings in the trial court. In September 1996, petitioner was charged by indictment with two…
2Cases cited27 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Teague v. LaneSupreme Court of the United States · 1989
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- Johnson v. New JerseySupreme Court of the United States · 1966
- Linkletter v. WalkerSupreme Court of the United States · 1965
22 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Danforth v. MinnesotaSupreme Court of the United States · 2008
- Danforth v. MinnesotaSupreme Court of the United States · 2008
- Hughes v. StateSupreme Court of Florida · 2005
- Miller v. LampertOregon Supreme Court · 2006
- Watkins v. AckleyOregon Supreme Court · 2022
24 more not listed; retrieve them via the Exa API.