Opinion

State v. Thorp

  • 166 Or. App. 564
  • 2 P.3d 903
  • 2000 Ore. App. LEXIS 633
Court
Court of Appeals of Oregon
Filed
Apr 19, 2000
Status
Published
Author
Edmonds
On the bench
Muniz, Deits, Edmonds, De Muniz, Landau, Haselton, Armstrong, Linder, Wollheim, Brewer
Cited by
18 cases

explaining that generally, recoverable fees under the UPA must be 3 separated from nonrecoverable fees “to ensure that only those fees for which there 4 is authority to award attorney fees are in fact awarded”

How later courts described this case

  • explaining that generally, recoverable fees under the UPA must be 3 separated from nonrecoverable fees “to ensure that only those fees for which there 4 is authority to award attorney fees are in fact awarded”
  • acknowledging that belief that most people would consider the Measure 11 sentence in that case to be unreasonable “includes a subjective component that is the product of a beholder’s personal sense of fairness”
  • stating that the morally shocking nature of some sentences may be self-evident
  • DDABureart, notwithstanding the objections of the victim and her family, prosecuted 16-year-old under Measure 11 for having sex with his 13-year-old girlfriend

Written by the judges who cited it.

The opinion

*581 EDMONDS, J.,

concurring.

As one of two former trial judges on this court, I bring a perspective to this case based, in part, on the experience of having sentenced persons to periods of incarceration. 1 My experience tells me that the mandatory minimum sentence required in this case is unjust because the punishment imposed by the statute is not the just desert of the circumstances of the crime. But whether the required sentence achieves justice is not the question before us. The electorate has made a value judgment about the severity of punishment in these kinds of cases, and my understanding of our role as interpreters of the constitution is that we are constrained to uphold the law unless we can say, based on our value judgment, that the sentence shocks the conscience of all reasonable people. I am unable to say that, particularly in light of the fact that, near the time of the adoption of Article I, section 16, defendant could have been sentenced to not less than three and not more than 20 years for the same crime.

That is not to say that my perspective is better than that of my colleagues, only to say it arises from a different experiential base.

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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