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. The rest of the
week includes commu-
nity-building activities,
school spirit games, and
ADVERTISING
Regional Publisher and Revenue Director:
• Christopher Rush
541-278-2669 • crush@eomediagroup.com
Advertising Manager:
• Angela Treadwell
541-966-0827 • atreadwell@eastoregonian.com
• Lora Jenkins
541-276-2214 • ljenkins@eastoregonian.com
Multimedia Consultants:
• Jeanne Jewett
541-564-4531 • jjewett@eastoregonian.com
• Audra Workman
541-564-4538 • aworkman@eastoregonian.com
Business Office Coordinator
• Dayle Stinson
541-278-2670 • dstinson@eastoregonian.com
Classified & Legal Advertising
1-800-962-2819 or 541-278-2678
classifieds@eastoregonian.com or legals@eastoregonian.com
NEWS
• To submit news tips and press releases:
call 541-966-0818 or email news@eastoregonian.com
• To submit community events, calendar items and Your EO News:
email community@eastoregonian.com or call Tammy Malgesini
at 541-564-4539 or Renee Struthers at 541-966-0818.
• To submit engagements, weddings and anniversaries:
email rstruthers@eastoregonian.com or visit eastoregonian.
com/community/announcements
• To submit sports or outdoors information or tips:
541-966-0838 • sports@eastoregonian.com
Business Office Manager:
541-966-0824
COMMERCIAL PRINTING
Production Manager: Mike Jensen
541-215-0824 • mjensen@eastoregonian.com