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· 2/13/1957

Opinion No. 57-0213

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that life imprison- ment without the possibility of parole was unconstitutionally disproportionate as applied to the defendant, who had two prior felony convictions for public indecency, and who was con- victed of two counts of public indecency for exposing himself in a park
  • noting that, for purpose of eval- uating whether sentence is unlawfully disproportionate, criminal history includes “evidence of multiple instances of uncharged wrongful conduct,” “arrests,” and “unadjudicated charges”
  • defendant masturbated in a school playground, in a parking lot, and in a public park in the presence of others, among other things
  • find- ing that public indecency is “relatively minor in comparison with the majority of the other sex offenses identified in ORS 163A.005(5) that may result in a true-life sentence under ORS 137.719”
  • find- ing that public indecency is “relatively minor in comparison with the majority of the other sex offenses identified in ORS 163A.005(5) that may result in a true-life sentence under ORS 137.719”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.