State v. Link

How courts have described this case

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

• concluding that defendant was entitled to an opportunity to present evidence and arguments under Miller at his resentencing hearing for aggravated murder
• explaining that “a remand for resentencing under ORS 138.222(5)(b) does not make a resentencing proceeding optional after some of the defendant’s convictions have been reversed” (emphasis in original)
• under ORS 138.222(5)(b), resentencing of all convictions is required, “even if [the trial court] ultimately decides to impose an identical sentence on remand”
• “a remand for resentencing under ORS 138.222(5)(b) does not make a resentencing proceeding optional after some of the defendant’s convictions have been reversed”
• Miller limited to mandatory sentence of life without possibility of parole and does not apply to presumptive life sentence
• “[A] remand for resentencing under ORS 138.222(5)(b) does not make a resentencing proceeding optional after some of the defendant’s convictions have been reversed. Rather, the court must resentence the defendant, even if it ultimately decides to impose an identical sentence on remand.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

8 cases in this archive cite this case.

• State v. Link
  Oregon Supreme Court· 2021-03-04· cited 28×
• State v. Sheikh-Nur
  Court of Appeals of Oregon· 2017-05-17· cited 19×
• State v. Link
  Court of Appeals of Oregon· 2019-04-17· cited 17×
• State v. Zolotoff
  Court of Appeals of Oregon· 2015-12-09· cited 12×
• State v. Sierra
  Marion County Circuit Court, Oregon· 2016-05-04· cited 5×
• State v. Skaggs
  Court of Appeals of Oregon· 2015-12-16· cited 4×
• State v. Tate
  Court of Appeals of Oregon· 2016-11-16· cited 1×
• State v. Riley
  Supreme Court of Connecticut· 2015-03-10

Cites

6 cases in this archive are cited by this case.

• Miller v. Alabama
  Supreme Court· 2012-06-25· cited 6,816×
• State v. White
  Oregon Supreme Court· 2009-06-18· cited 60×
• State v. Link
  Oregon Supreme Court· 2009-05-07· cited 22×
• State v. COLMENARES-CHAVEZ
  Court of Appeals of Oregon· 2011-07-20· cited 8×
• State v. Link
  Court of Appeals of Oregon· 2007-07-11· cited 6×
• State v. Herring
  Court of Appeals of Oregon· 2010-12-15· cited 1×