|CALENDAR STATUS: Active|
|Alisha Dawn Myers v. Rob Persson|
|Via Video Case 1|
|Jason Weber on behalf of Alisha Dawn Myers|
Ryan P Kahn on behalf of Rob Persson
Statement of Issues:
|(1) If it is undisputed at the time of sentencing that a criminal defendant has the mind of a child, is it cruel and unusual punishment for a court to sentence that person to life in prison without the possibility of parole, without considering the reasoning subsequently set out in Miller v. Alabama, 567 US 460, 132 S Ct 2455, 183 L Ed 2d 407 (2012) and Montgomery v. Louisiana, 577 US 190, 136 S Ct 718, 193 L Ed 2d 599 (2016)?|
(2) Does an untimely and successive petition meet the identically worded escape clauses contained in ORS 138.510
(3) ORS 138.550(2), and ORS 138.550(3) if the ground for relief is based on the United States Supreme Court decisions in Miller and Montgomery?
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: