STATE v. LINK

(CC 01FE0371AB) (SC S066824).

482 P.3d 28 (2021)

367 Or. 625

STATE of Oregon, Petitioner on Review, v. Justin Alan LINK, Respondent on Review.

Supreme Court of Oregon, En Banc.

March 4, 2021.


Attorney(s) appearing for the Case

Benjamin Gutman , Solicitor General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ellen F. Rosenblum , Attorney General.

Marc D. Brown , Chief Deputy Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for respondent on review. Also on the brief was Ernest G. Lannet , Chief Defender.

Andy Simrin , Andy Simrin PC, Portland, filed the brief for amicus curiae Seth Edwin Koch.

Sara Kobak , Schwabe, Williamson & Wyatt, P.C., Portland, filed the brief for amici curiae American Civil Liberties Union of Oregon, American Civil Liberties Union Foundation, and Youth, Rights & Justice. Also on the brief were Kelly Simon , American Civil Liberties Union of Oregon, Steven M. Watt , American Civil Liberties Union Foundation, and Angela Sherbo , and Christa Obold Eshleman , Youth, Rights & Justice.

Crystal Maloney , Brooklyn, New York, filed the brief for amici curiae Oregon Justice Resource Center and Oregon Criminal Defense Lawyers Association.


Defendant committed aggravated murder as a juvenile in 2001. He was sentenced to a term of life imprisonment, which, as defined by statute at the relevant time, requires him to serve "a minimum of 30 years without possibility of parole." ORS 163.105(1)(c) (2001). After serving that minimum term of confinement, defendant can petition...

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