STATE v. KINCHELOE

(CC 17CR48475) (SC S067611).

478 P.3d 507 (2020)

367 Or. 335

STATE of Oregon, Respondent on Review, v. Charles Wesley KINCHELOE, Petitioner on Review.

Supreme Court of Oregon, En Banc.

December 24, 2020.


Attorney(s) appearing for the Case

Erik Blumenthal , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ernest G. Lannet , Chief Defender, and Joshua B. Crowther , Deputy Public Defender.

Doug M. Petrina , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney, General, Benjamin Gutman , Solicitor General, and Christopher A. Perdue , Assistant Attorney General.

Scott Sell , Thomas, Coon, Newton & Frost, Portland, filed the brief on behalf of amicus curiae Street Roots.

Jonathan Zunkel-deCoursey , Schwabe, Williamson & Wyatt, P.C., Portland, filed the brief on behalf of amicus curiae Immigrant and Refugee Community Organization. Also on the brief was Jeanice Chieng , Immigrant and Refugee Community Organization, Portland.

Cody Hoesly , Larkins Vacura Kayser LLP, Portland, filed the brief on behalf of amici curiae NAACP Corvallis Branch #1118, NAACP Eugene-Springfield Branch, #1119, NAACP Portland Chapter 1120B, and NAACP Salem-Keizer Branch #1166.

Timothy Wright , Tonkon Torp LLP, Portland, filed the brief for amicus curiae Don't Shoot Portland. Also on the brief was J. Ashlee Albies , Albies & Stark, Portland.

Nathan R. Morales , Perkins Coie LLP, Portland, filed the brief on behalf of amici curiae The Coalition of Communities of Color and Latino Network. Also on the brief was Misha Isaak.

Aliza B. Kaplan filed the brief on behalf of amicus curiae Criminal Justice Reform Clinic at Lewis & Clark Law School. Also on the brief was Sarah Laidlaw.


In this case, we again address the application of the United States Supreme Court's decision in Ramos v. Louisiana, 590 U.S. ___, 140 S.Ct. 1390, 206 L. Ed. 2d. 583 (2020), which held that the Sixth Amendment requires a jury to be unanimous in order to convict a defendant of a serious offense.

Defendant was charged with...

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