State v. Walraven

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 12-07-2016
  • Case #: A161309
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Egan, J.; & Shorr, J.
  • Full Text Opinion

State challenge to Defendant’s conditional release following a second-look hearing was rendered moot when Defendant’s underlying aggravated murder conviction was vacated.

The State challenged a post-judgment order granting Defendant conditional release after a second-look hearing. The State argued that second-look provisions in ORS 420A.203 do not apply to a sentence of life imprisonment with a 30-year minimum sentence for an aggravated murder conviction. While this appeal was pending, the post-conviction court’s judgment was reversed and the underlying conviction for aggravated murder was vacated. The Court held that this appeal was moot because of the remand for Defendant’s aggravated murder conviction. Dismissed as moot. 

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