Legal Opinion

State v. Davis

Court of Appeals of Oregon

Decided December 12, 2007No. 96051015; A126827PublishedCited by 11 opinions

1Opinion of the CourtHaselton, P. J.

This case is before us for a third time. Defendant, who was convicted of felon in possession of a firearm (FIP), ORS 166.270, and murder, ORS 163.115, appeals, challenging his murder conviction and his sentences for both crimes. Specifically, defendant raises three distinct arguments: First, his retrial for murder, following the second appeal, in which the Supreme Court reversed defendant’s original murder conviction, was barred as untimely under Article I, section 10, of the Oregon Constitution. Second, the trial court’s imposition of a more severe sentence for murder, following defendant’s…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  4. Dobbert v. FloridaSupreme Court of the United States · 1977
  5. State v. DavisOregon Supreme Court · 2003

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3Cited by11 opinions

  1. State v. MuyingoCourt of Appeals of Oregon · 2009
  2. State v. ThompsonCourt of Appeals of Oregon · 2009
  3. State v. HOLLINGQUESTCourt of Appeals of Oregon · 2011
  4. State v. PartainCourt of Appeals of Oregon · 2009
  5. State v. AmbillCourt of Appeals of Oregon · 2016

6 more not listed; retrieve them via the Exa API.

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