On Wednesday the Oregon Court of Appeals ruled that the when the government seeks to enhance a convicted defendant's sentence beyond the presumptive range, it must first give notice to the defendant of the specific grounds upon which it will base its request.
On Wednesday, the Oregon Court of Appeals held that Jeff Keuhner did not have to pay $7,808.34 to the Medford police department to reimburse the cost of overtime pay to police for guarding him while he lay in the hospital recovering from stab wounds he inflicted upon himself while he was being arrested in the course of committing a violent sexual assault.
On December 30, 2011, Oregon's Commission on Public Safety issued a report that argued for the development and incorporation of rational and evidence based approaches to criminal sentencing and supervision into Oregon's current patchwork of inconsistent and sometimes contradictory sentencing laws and policy.
After passage of Ballot Measure 73, which became effective on 12/2/10, Oregon law changed to provide that a DUII conviction is a class C felony if the defendant has at least two prior convictions for DUII within 10 years of committing the new offense.
The 2011 Oregon legislative session is over. Senate Bill 371 which would have changed the rules on how the Oregon Department of Corrections calculated what are called "earned time" credits for inmates languished in the Senate Judiciary Committee at the the time of the legislative adjournment on June 30.
In a decision impacting many felony criminal cases in Oregon, the Oregon Supreme Court yesterday turned back a defense challenge to the practice of allowing Judges to impose enhanced sentences based on facts that are not specifically listed in the Oregon Sentencing Guidelines.