McClanahan v. Hill

Court of Appeals of Oregon
McClanahan v. Hill, 200 Or. App. 9 (2005)
112 P.3d 456; 2005 Ore. App. LEXIS 656
Haselton, Linder, Ortega

McClanahan v. Hill

Opinion of the Court

PER CURIAM

Petitioner appeals from the post-conviction court’s denial of his petition for post-conviction relief, making several arguments in his appellate brief. We reject those arguments without discussion. Petitioner also has filed a supplemental brief in which he asserts that the stipulated departure sentence on his conviction for first-degree manslaughter is unconstitutional under Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), and Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000).

We reject petitioner’s argument because the principles announced by the Court in Blakely and Apprendi do not apply retroactively in a collateral proceeding such as this one. Page v. Palmateer, 336 Or 379, 84 P3d 133, cert den, _US_, 125 S Ct 205 (2004); Makinson v. Lampert, 199 Or App 418, 112 P3d 365 (2005); see also Schriro v. Summerlin, 542 US 348, 124 S Ct 2519, 159 L Ed 2d 442 (2004) (jury trial right set forth in Apprendi does not apply retroactively in collateral proceedings).

Affirmed.

Reference

Full Case Name
TERRY D. McCLANAHAN v. Jean HILL, Superintendent, Eastern Oregon Correctional Institution
Cited By
1 case
Status
Published