ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S068231
CA Number:
A165303
Case Title:
State of Oregon v. Dennis James Davidson
Date:
09/14/2021
Time:
01:30 PM
Location:
Via Video Case 4
Attorneys:
Michael A. Casper on behalf of State of Oregon
Ernest G. Lannet on behalf of Dennis James Davidson
Comments:
Statement of Issues:
(1) Whether ORS 137.719(2), which permits a departure sentence other than life in prison without the possibility of parole, authorizes a court to impose only a "gridblock" sentence that complies with the sentencing guidelines.

(2) Whether OAR 213-008-0003(2) applies to a downward departure sentence imposed under ORS 137.719(2).

(3) Whether defendant's sentence on remand, after his original sentence under ORS 137.719(1) was determined to be unconstitutional, resulted from a lawful exercise of the trial court's authority under ORS 137.719(1) and the Oregon Constitution, even if it exceeded what is allowable under ORS 137.719(2).

These summaries of cases are prepared for the benefit of members of the media to assist them in reporting the court's activities to the public. Parties and practitioners should not rely on the summaries, or the statement of issues to be decided in the summaries, as indicating the questions that the Supreme Court will consider. Regarding the questions that the Supreme Court may consider, see Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Merit Briefs68231BRMP.pdf68231BRMP.pdf


Last Revised: 08/24/2021