Opinion

Huggett v. Kelly

  • 370 Or. 645
  • 523 P.3d 84
Court
Oregon Supreme Court
Filed
Dec 30, 2022
Status
Published
On the bench
Balmer
Cited by
10 cases
Authority
More cited than 79.5%

determining that granting relief on the peti- tioner’s stand-alone Ramos claim rendered moot his claims that trial counsel was ineffective by failing to object to the nonunanimous guilty verdicts and by failing to request a jury concurrence instruction

How later courts described this case

  • determining that granting relief on the peti- tioner’s stand-alone Ramos claim rendered moot his claims that trial counsel was ineffective by failing to object to the nonunanimous guilty verdicts and by failing to request a jury concurrence instruction
  • relying on Watkins to reverse the denial of post-conviction relief, based on a standalone Ramos claim, and explaining that “the relief that must be granted on remand on petitioner’s standalone Ramos claim” rendered “moot” his other post- conviction claims, in which he claimed “that trial counsel provided constitutionally ineffective assistance by failing to object to the nonunanimous guilty verdicts and by failing to request a jury concurrence instruction”
  • relying on Watkins to reverse the denial of post-conviction relief for nonunanimous jury ver- dicts on multiple counts, and concluding that it was, there- fore, not necessary to address petitioner’s other claims on those counts because the claims were moot
  • both decided this day

Written by the judges who cited it.

The opinion

645

Argued and submitted May 12; judgment of circuit court reversed, and case

remanded to circuit court for further proceedings December 30, 2022

TROY KEVIN HUGGETT,

Petitioner-Appellant,

v.

Brandon KELLY,

Superintendent,

Oregon State Penitentiary,

Defendant-Respondent.

(CC 18CV50891) (CA A174444) (SC S068823)

523 P3d 84

Petitioner sought post-conviction relief, raising various claims of inadequate

assistance of counsel and a claim that his two convictions had been entered in

violation of the constitutional rule in Ramos v. Louisiana, 590 US ___, 140 S Ct

1390, 206 L Ed 2d 583 (2020), that the Sixth Amendment prohibits conviction

of a crime by a nonunanimous verdict. The post-conviction court denied relief

and held, with respect to the claim that directly relied on the constitutional

jury unanimity rule announced in Ramos, that that rule was inapplicable to

petitioner’s convictions because his convictions already were final when Ramos

was decided. Petitioner appealed and her appeal was certified to the Supreme

Court under ORS 19.405, along with two other similar cases, Watkins v. Ackley,

(A176245)(S068825), and Jones v. Brown, (A175780)(S068824). Held: (1) Under

the Court’s analysis and decision in Watkins v. Ackley, 370 Or 604, 523 P3d 86

(2022), the post-conviction court erred in denying relief on petitioner’ convictions,

which were entered on nonunanimous verdicts, because a conviction that vio-

lates the Ramos jury unanimity rule, even if it became final before that rule was

announced, constitutes a “substantial denial” of a constitutional right which “ren-

dered the conviction[s] void,” and thus requires post-conviction relief under ORS

138.530(1)(a)—unless one of the procedural defenses in the Post-Conviction

Hearings Act has been raised and sustained; (2) petitioner’s other post-conviction

claims were moot in light of the Court’s decision respecting the claim that directly

relied on the constitutional rule announced in Ramos.

The judgment of the circuit court is reversed, and the case is remanded to the

circuit court for further proceedings.

On certification from the Court of Appeals under ORS

19.405.* Certification accepted and under advisement on

September 16, 2021.

Jedediah Peterson, O’Connor Weber LLC, Portland,

argued the cause and filed the briefs for appellant.

______________

* On appeal from the Marion County Circuit Court, J. Burdett Pratt, Senior

Judge.

646 Huggett v. Kelly

Rebecca M. Auten, Assistant Attorney General, Salem,

argued the cause and filed the brief for respondent. Also

on the brief were Ellen Rosenblum, Attorney General,

Benjamin Gutman, Solicitor General, and Christopher A.

Perdue, Assistant Attorney General.

Andy Simrin, Andy Simrin PC, Portland, filed the brief

for amicus curiae Russell Shelley.

Rosalind M. Lee, Portland, filed the brief for amicus cur-

iae Oregon Criminal Defense Lawyers Association.

Aliza Kaplan, Portland, filed the brief for amicus cur-

iae Criminal Justice Reform Clinic at Lewis & Clark Law

School. Also on the brief were Michaela C. Gore, Laney B.

Ellisor, Colin Bradshaw, and Bijal Patel.

Anna Sortun, Portland, filed the brief for amici curiae

Latino Network, Don’t Shoot Portland, NAACP Corvallis-

Albany Branch #1118, NAACP Eugene-Springfield Branch

#1119, NAACP Salem-Keizer Branch #1166, NAACP Portland

Chapter 1120B, Black Millennial Movement, Unite Oregon,

Immigrant and Refugee Community Organization, and

Urban League of Portland.

Before Walters, Chief Justice, and Balmer, Flynn, Duncan,

Nelson, and Garrett, Justices, and Baldwin, Senior Judge,

Justice pro tempore.**

BALMER, J.

The judgment of the circuit court is reversed, and the

case is remanded to the circuit court for further proceedings.

______________

** DeHoog, J., did not participate in the consideration or decision of this case.

Cite as 370 Or 645 (2022) 647

BALMER, J.

This appeal from a post-conviction court’s denial

of a petition for post-conviction relief was certified to this

court, along with Watkins v. Ackley, 370 Or 604, 523 P3d 86

(2022), and Jones v. Brown, 370 Or 649, 523 P3d 82 (2022)

(both decided this day), to allow consideration of an import-

ant issue relating to Oregon’s longstanding practice, sanc-

tioned by Article I, section 11, of the Oregon Constitution,

of allowing defendants to be convicted of most crimes by a

nonunanimous jury verdict.1 Like the petitioners in those two

cases, petitioner in the present case was convicted of multi-

ple crimes by nonunanimous guilty verdicts, at a time when

such convictions in state proceedings were thought to be

permissible under the United States Constitution, Apodaca

v. Oregon, 406 US 404, 92 S Ct 1628, 32 L Ed2d 184 (1972),

and like those other petitioners, his convictions became

final before the United States Supreme Court announced,

in Ramos v. Louisiana, 590 US ___, 140 S Ct 1390, 206 L Ed

2d 583 (2020), that, in fact, the Sixth Amendment prohibits

conviction by a nonunanimous jury even in state criminal

proceedings.2 Petitioner here sought post-conviction relief

from those convictions, based in part on claims of constitu-

tional error rooted in the Sixth Amendment jury unanimity

rule announced in Ramos—as did the petitioners in Watkins

and Jones. In each of the three cases, the petition for post-

conviction relief was denied, and the petitioner’s appeal was

certified to this court by the Court of Appeals.

Of the three cases, we selected Watkins as the lead,

largely because, unlike Jones and the present case, it raised

1

Article I, section 11, of the Oregon Constitution provides, in part:

“[P]rovided, however, that in the circuit court ten members of the jury may

render a verdict of guilty or not guilty, save and except a verdict of guilty of

first degree murder, which shall be found only by a unanimous verdict, and

not otherwise; provided further, that the existing laws and constitutional

provisions relative to criminal prosecutions shall be continued and remain

in effect as to all prosecutions for crimes committed before the taking effect

of this amendment.”

2

In 2016, petitioner was convicted by nonunanimous guilty verdicts of

second-degree and third-degree assault. Those convictions became final in 2018,

after this court denied petitioner’s petition for review of the Court of Appeals

decision affirming his convictions. State v. Huggett, 291 Or App 448, 416 P3d 1111

(2016), rev den, 363 Or 599 (2018).

648 Huggett v. Kelly

a single claim of error—that the post-conviction court had

erred in denying relief on the petitioner’s claim that his con-

victions were obtained in violation of the Sixth Amendment

jury unanimity rule announced in Ramos, based on its con-

clusion that that newly announced constitutional rule did

not apply “retroactively.” In Watkins, we reversed the post-

conviction court’s denial of relief on that “standalone” claim

of error based on Ramos—after noting that the state had

not attempted to defend the post-conviction court’s ruling

on any ground other than that Ramos does not apply retro-

actively. We concluded that the post-conviction court’s rea-

soning was incorrect and that a conviction that violates the

Ramos jury unanimity rule, even if it became final before

that rule was announced, constitutes a “substantial denial”

of a constitutional right and “renders the conviction void”—

and requires post-conviction relief under ORS 138.530(1)(a),

unless one of the procedural defenses in the Post-Conviction

Hearings Act has been raised and sustained. Watkins, 370

Or at 607.

Petitioner in the present case included a claim of

error in his petition that is identical to the claim of error on

which the petitioner prevailed in Watkins, and, in opposing

that claim, the state relied on the same arguments that it

had relied on in Watkins; it did not raise any of the proce-

dural defenses set out in the Post-Conviction Hearings Act

or attempt to defend the post-conviction court’s denial of

the claim on any other ground. Petitioner here is entitled

to post-conviction relief on that claim for the same reason

that the petitioner in Watkins was entitled to relief, mean-

ing that the post-conviction court’s denial of relief must be

reversed.3

The judgment of the circuit court is reversed,

and the case is remanded to the circuit court for further

proceedings.

3

Although petitioner here also argued that the post-conviction court had

erred in denying his claims that trial counsel provided constitutionally ineffec-

tive assistance by failing to object to the nonunanimous guilty verdicts and by

failing to request a jury concurrence instruction with respect to petitioner’s lia-

bility as a principal or for aiding and abetting, the relief that must be granted on

remand on petitioner’s standalone Ramos claim renders those other claims moot.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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