Jackson v. Franke
To prevail, Petitioner must show that there is ‘more than mere possibility’ that if the objection had been properly made his appellate counsel would have taken up the issue and ultimately presented it to this court in a petition for review, and that this court would have allowed review and reversed petitioner's conviction. Green v. Franke, 357 Or 301, 322 (2015).
Area(s) of Law:- Post-Conviction Relief
State v. Vallin
Although the preamble to the legislature’s 2009 bill, HB 3508, and on representations made by legislators and their staff during committee hearings on the bill might support a legislative intent to “phase in” sentences that were as long as the ones that the voters had approved in Measure 57, they do not support an intent to restore the sentences to their former status as sentences that were approved by the people and thus subject to the two-thirds majority requirement of Measure 57 as they are sentences that the legislature adopted.
Area(s) of Law:- Criminal Law