|CALENDAR STATUS: Active|
|State of Oregon v. Nile Terrence Stark|
|Willamette University College of Law|
|James E. Leuenberger on behalf of Nile Terrence Stark|
Gregory A. Rios on behalf of State of Oregon
Statement of Issues:
|State of Oregon v. Nile Terrence Stark (S060384) (A144974) (appeal from Linn County Circuit Court; opinion reported at 248 Or App 573 (2012)).|
Defendant Nile Terrence Stark has been granted review of a Court of Appeals decision that affirmed his conviction for felon in possession of a firearm.
On review, the issue is:
Whether the Court of Appeals, in determining that the term "judgment" in ORS 166.270(3)(a) refers only to the original judgment:
(a) Violated ORS 174.010;
(b) Misapplied the principles of PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12, 859 P2d 1143 (1993), and State v. Gaines, 346 Or 160, 171-73, 206 P3d 1042 (2009);
(c) Disregarded the Supreme Court's language in Bailey v. Lampert, 342 Or 321, 153 P3d 95 (2007), and State v. Rainoldi, 351 Or 486, 268 P3d 568 (2011), to the effect that "status" as a felon for purposes of ORS 166.270 is determined at the time of possession rather than at the time of initial judgment.
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
David V. Brewer