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Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim
by Mark Wilson
The Oregon Supreme Court upheld the dismissal of murder charges against a defendant who pleaded guilty under a plea agreement to assaulting a victim who subsequently died.
In August 2013, Trevin Michael King, 17, and an adult co-defendant assaulted a man and stole his bicycle. The victim ...
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More from this issue:
- Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards, by Matthew Clarke
- Criminal Cops: Tracking Crimes Committed by Police Officers, by Christopher Zoukis
- Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job, by Matthew Clarke
- Seventh Circuit: No Federal Court Jurisdiction to Resolve State Executive and Legislative Branch Disputes, by Mark Wilson
- Eighth Circuit Reverses Summary Judgment on Ferguson Protestor’s Excessive Force Claim, by Mark Wilson
- Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings, by Mark Wilson
- Mississippi Supreme Court Upholds Lawyer’s Contempt Sanction for “Improper” Argument, by Mark Wilson
- Trump Administration Kills Obama’s Forensic Evidence Reliability Reform Efforts, by Mark Wilson
- Georgia Supreme Court Grants New Trial After Trial Transcript Lost, by Christopher Zoukis
- New California Law Safeguards Minors’ Rights When in Police Custody
- $450,000 Settlement to Whistleblower in Case of Framing, by David Reutter
- What Do You Get for Kicking Handcuffed Suspects? Promoted and $130,000 Annual Pension for Life, by Derek Gilna
- Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System, by Mark Wilson
- Suffolk County District Attorney and Aide Indicted for Beating and Coverup, by Derek Gilna
- Baltimore Police Department’s Misconduct Scandals Result in Hundreds of Dismissals and Indictment of Eight Officers, by Derek Gilna
- Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim, by Mark Wilson
- New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials, by Christopher Zoukis
- DOJ Ends Unconstitutional Investigative Holds by Louisiana Police, by David Reutter
- Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest, by Christopher Zoukis
- In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees, by Mark Wilson
- Tennessee Supreme Court Clarifies Split Confinement Sentence Procedures, by David Reutter
- Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines, by Christopher Zoukis
- Texas Attorney General Rules Civilly Committed Sex Offenders Entitled to Vote by Mail Ballot, by Matthew Clarke
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, by Brandon Sample
- New York City Quietly Assembling Massive Unregulated DNA Database, by Derek Gilna
- Supreme Court Holds Texas May Not Use Outdated Standards to Determine Intellectual Disability in Death Penalty Cases, by Matthew Clarke
- Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim, by Mark Wilson
- Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims, by Mark Wilson
- From the Editor, by Richard Resch
- U.S. Supreme Court Decision Temporarily Throws Florida’s Death Machine Into Disarray and Prompts Change to State’s Death Penalty, by David Reutter
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025. Double jeopardy, Theft, Stolen Property.
- Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, Dec. 15, 2024. Double jeopardy, Breach of Plea/Coop./Immunity Agreements, Dismissal, Plea Agreements/Guilty Pleas.
- Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error, July 15, 2024. Double jeopardy, Resentencing.
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024. Double jeopardy.
- New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both, Jan. 15, 2024. Double jeopardy.
- Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge, Nov. 15, 2022. U.S. Sentencing Guidelines, Double jeopardy, New Trial/Judgment of Acquittal.
- New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution, Sept. 15, 2022. Double jeopardy, Judicial Disqualification/Misconduct.
- Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy, July 15, 2022. Double jeopardy.
- California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, June 15, 2021. Double jeopardy.
- Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial, June 15, 2021. Double jeopardy, Mistrial Motion.
