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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Sept. 13, 2019)
NORTHWEST East Oregonian A2 Friday, September 13, 2019 Supreme Court ruling could throw convictions into question By AUBREY WIEBER Oregon Capital Bureau SALEM — The U.S. Supreme Court could force Oregon into doing what every other state already does — requires every juror to vote to convict before a person is judged guilty. Such a decision by the Supreme Court in a case now before it could make it more difficult for prosecu- tors to get convictions and could provide a new of ave- nue appeal for those already convicted. The looming decision pits some of Oregon’s criminal justice reform champions against each other. Attorney General Ellen Rosenblum recently submitted a brief to the high court, urging the justices to find split deci- sions are constitutional. A decision rejecting such ver- dicts would send the Oregon court system into disarray, she said. Rosenblum is against split decisions, but said Ore- gon has been following pre- vious Supreme Court rul- ings that unanimity is not required. Her role in sub- mitting a legal filing to the court was “making sure the supreme court is aware of the impact on our state jus- tice system,” she said. For the past 85 years, Pamplin Media Group Photo Attorney General Ellen Rosenblum recently submitted a brief to the high court, urging the justices to find split decisions are constitutional. A decision rejecting such verdicts would send the Oregon court system into disarray, she said. people in Oregon charged with most felonies can be convicted if at least 10 of the 12 jurors vote guilty. Ore- gon is the only state to allow split decisions. Recently, Louisiana moved away from split decisions. The 2019 Legislature considered but didn’t pass a proposal to ask voters to decide the fate of split verdicts. Rosenblum is worried that overturning a 1972 U.S. Supreme Court ruling in Apodaca v. Oregon, which upheld split decisions, would impact past cases. The U.S. Supreme Court is consider- ing a case from Louisiana to determine whether a split decision is constitutional. Oregon’s court system doesn’t track how the jury votes in convictions. Rosen- blum’s spokeswoman, Kris- tina Edmunson, said state Justice Department law- yers are aware of about 300 cases where there was a split guilty verdict. Rosenblum said the actual number could be much higher — potentially in the thousands. Roughly 97% of crimi- nal cases are resolved with- out a trial. But in two out of three cases that do get to a jury, convictions result from split verdicts, according to the Justice Department. If the supreme court abolishes split verdicts, the state wouldn’t take action to review convictions resulting from unconstitutional con- duct. Instead, according to Rosenblum’s staff, it would be up to defendants to chal- lenge their convictions and defense attorneys have been preparing for such appeals. Aliza Kaplan, Lewis and Clark Law School profes- sor, said she’s puzzled why Rosenblum is trying to sink what she considers crucial reform for Oregon’s crimi- nal justice system. Rosenblum said since the Supreme Court ruled in 1972 that split decisions were legal, she doesn’t think past cases should be over- turned. She wants voters to approve a change to una- nimity going forward. Rosenblum said either way, defense attorneys will file appeals, but said her team has been preparing legal arguments for that. “You could certainly say, ‘Hey, for 80 years we’ve had an unconstitutional system in Oregon.’ I’m not buying that,” Rosenblum said. Kaplan contended in her own brief filed with the supreme court that split decisions are unconstitu- tional. Her brief was joined by Gov. Kate Brown, former governors John Kitzhaber, Ted Kulongoski and Bar- bara Roberts, and several former state Supreme Court justices. In 1934, Oregon voters approved a ballot measure allowing split jury verdicts. At the time, white suprem- acy was at its height in Ore- gon, and state newspapers editorialized about the need to silence minorities’ voices on juries by allowing a split decision. Because of that past, Kaplan finds it especially hard to understand Rosen- blum’s position. “Is her real issue retroac- tivity, or is it that she’s going to be on the wrong side of history on this issue?” Kaplan said. “To side with racism and our horrible his- tory in a law is completely unfair.” Rosenblum said she is aware of the history of the policy, but for more than 80 years, the state has fol- lowed a practice upheld by the courts. Even if a Supreme Court ruling doesn’t specifically address closed cases, many expect the legal challenges to pile up nonetheless. Convicts found guilty by split decision could appeal to have the new rule applied to their cases, likely setting up new legal battles. Forecast for Pendleton Area TODAY SATURDAY SUNDAY MONDAY TUESDAY Partly sunny and pleasant Nice with clouds and sun A couple of afternoon showers Cloudy, showers around; cool Periods of clouds and sunshine 79° 54° 80° 53° PENDLETON TEMPERATURE FORECAST 78° 53° 69° 51° 70° 53° HERMISTON TEMPERATURE FORECAST 84° 56° 83° 58° 80° 55° 72° 53° OREGON FORECAST 75° 55° ALMANAC Shown is today’s weather. Temperatures are today’s highs and tonight’s lows. PENDLETON through 3 p.m. yest. HIGH LOW TEMP. Seattle Olympia 67/59 72/51 79/52 Longview Kennewick Walla Walla 80/60 Lewiston 72/57 84/59 Astoria 69/56 Pullman Yakima 80/56 70/55 80/56 Portland Hermiston 75/59 The Dalles 83/58 Salem Corvallis 75/52 Yesterday Normals Records La Grande 77/49 PRECIPITATION John Day Eugene Bend 78/54 78/48 80/51 Ontario 85/51 Caldwell Burns 84° 49° 80° 49° 96° (1953) 31° (2014) 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date Albany 76/52 0.00" Trace 0.14" 4.61" 5.15" 6.26" WINDS (in mph) 84/51 83/43 0.00" 0.58" 0.18" 10.32" 6.52" 8.56" through 3 p.m. yest. HIGH LOW TEMP. Pendleton 74/46 76/55 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date HERMISTON Enterprise 79/54 79/57 85° 48° 79° 51° 95° (1892) 25° (1921) PRECIPITATION Moses Lake 72/55 Aberdeen 72/54 75/57 Tacoma Yesterday Normals Records Spokane Wenatchee 72/59 Today Boardman Pendleton Medford 88/55 Sat. WSW 8-16 W 8-16 WSW 6-12 W 6-12 SUN AND MOON Klamath Falls 82/41 Forecasts and graphics provided by AccuWeather, Inc. ©2019 Sunrise today Sunset tonight Moonrise today Moonset today Full 6:31 a.m. 7:11 p.m. 7:28 p.m. 5:47 a.m. Last New First NATIONAL EXTREMES EO file photo Eastern Oregon University is expecting more than 300 incoming freshmen to participate in its annual Week of Welcome. Activities begin with Move-In Day on Sept. 20, and continue right up to the first day of fall term on Sept. 25. EOU welcomes students back More than 300 incoming freshmen expected to attend Week of Welcome Yesterday’s National Extremes: (for the 48 contiguous states) East Oregonian High 103° in Thermal, Calif. Low 18° in Bodie State Park, Calif. Sep 13 Sep 21 Sep 28 Oct 5 NATIONAL WEATHER TODAY Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. -10s -0s 0s showers t-storms 10s rain 20s flurries 30s snow 40s 50s ice 60s cold front E AST O REGONIAN — Founded Oct. 16, 1875 — 211 S.E. Byers Ave., Pendleton 541-276-2211 333 E. Main St., Hermiston 541-567-6211 Office hours: Monday through Friday, 8 a.m. to 5 p.m. Closed major holidays EastOregonian.com To subscribe, call 1-800-522-0255 or go online to EastOregonian.com and click on ‘Subscribe’ East Oregonian (USPS 164-980) is published daily except Sunday, Monday and postal holidays, by the EO Media Group, 211 S.E. Byers Ave. Pendleton, OR 97801. Periodicals postage paid at Pendleton, OR. Postmaster: send address changes to East Oregonian, 211 S.E. Byers Ave. Pendleton, OR 97801. Copyright © 2019, EO Media Group 70s 80s 90s 100s warm front stationary front LA GRANDE — Four days of fun, friend- ship-building activities await Eastern Oregon Uni- versity’s incoming class of freshmen and transfer students during Week of Welcome. With more than 300 stu- dents expected to attend, EOU has designed each event to express the invit- ing, inclusive culture of the university community. Activities begin with Move-In Day on Sept. 20, and continue right up to the first day of fall term on Sept. 25. Week of Welcome encourages students get high low CORRECTIONS: The East Oregonian works hard to be accurate and sincerely regrets any errors. If you notice a mistake in the paper, please call 541-966-0818. SUBSCRIPTION RATES Local home delivery Savings (cover price) $13/month 60 percent $173.67 41 percent $91.86 38 percent $47.77 36 percent *EZ Pay = one-year rate with a monthly credit or debit card/check charge Single copy price: $1.50 Tuesday through Saturday Circulation Dept. 800-781-3214 orientation to campus. “The whole week shows students how much they are cared for from EOU and the greater community,” Director of Housing Jer- emy Jones said. “Our stu- dents are important to us, and we are excited to have them as Mountaineers.” Community partners are also excited to welcome new students. The Union County Chamber of Com- merce and the Downtown Merchants Association are collaborating with EOU to host a community block party on Sept. 24. Com- munity members, busi- ness owners, faculty, staff and students can mingle and celebrate the start of a new school year in the cov- ered parking area next to Benchwarmers. This event is open to the public, and offers dinner beginning at 5:30 p.m. 110s Subscriber services: For mail delivery, online access, vacation stops or delivery concerns call 1-800-522-0255 ext. 1 EZPay 52 weeks 26 weeks 13 weeks out of their comfort zone, make friends, learn about campus resources and embrace their new home as Mountaineers. “Programming for Week of Welcome is very inten- tional in trying to assist students in their transi- tion to campus,” said Kath- ryn Shorts, director of stu- dent success and transition at EOU. “We want them to feel part of the EOU and La Grande community. Hav- ing a sense of belonging and engaging in activities aides in student success.” A signature event of WOW is the EOU Base Camp. Small class sizes allow EOU to bus all WOW participants to a camp near Summerville for an off-campus day of adventure. 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