- Court: Oregon Supreme Court
- Area(s) of Law: Post-Conviction Relief
- Date Filed: 12-30-2022
- Case #: S068824
- Judge(s)/Court Below: Balmer, J. for the Court; Walters, C.J.; Flynn, J.; Duncan, J.; Nelson, J.; Garrett, J.; & Baldwin, S.J.
- Full Text Opinion
Petitioner was convicted of three charges by a nonunanimous jury and appealed after her post-conviction relief petition was denied. Petitioner assigned error to the denial of her post-conviction relief petition. Petitioner argued that the decision in Ramos v Louisiana 140 S. Ct. 1390 (2020) applied to all nonunanimous jury verdicts, including verdicts for cases that were final at the time of the Ramos decision. In response, the State argued that Ramos did not apply to cases that were final. Under Watkins v. Ackley, 370 Or. 604, 523 P.3d 86 (2022), the Court held that Ramos applied to all decisions decided by nonunanimous juries, even if the decisions were finalized before Ramos. The Court reasoned that this case was similar to Watkins so the lower court erred in denying Petitioner’s post-conviction relief petition. Reversed.