Legal Opinion
State v. Rezin
Court of Appeals of Oregon
Decided March 28, 1996No. 94C-20442; CA A86141PublishedCited by 5 opinions
1Opinion of the CourtWarren, P. J.
Defendant, an inmate at the Oregon State Penitentiary (OSP), appeals his convictions for second degree assault, ORS 163.175, and for being an inmate in possession of a weapon, ORS 166.275. We write only to discuss his argument that the disciplinary sanctions that he received at OSP as a result of the assault constituted punishment for the same offenses as these charges and that the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution thus foreclosed any additional criminal sanctions. We affirm.
Defendant is serving sentences whose cumulative effect is that he will…
2Cases cited12 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
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- United States v. Gene Francis Newby and Raynaldo Barber. Gene Francis Newby (Appellant in No. 92-5711). Raynaldo Barber (Appellant in No. 92-5712)Court of Appeals for the Third Circuit · 1993
- United States v. Alberto Hernandez-FundoraCourt of Appeals for the Second Circuit · 1995
- Daniel J. Garrity v. Patrick FiedlerCourt of Appeals for the Seventh Circuit · 1994
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3Cited by5 opinions
- State v. SperryCourt of Appeals of Oregon · 1997
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- State v. FrasieurCourt of Appeals of Oregon · 1998
- State v. WhittlingerCourt of Appeals of Oregon · 1996