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en español Legal Update - November 30, 2005 by Jeff Free Luers This morning after over 4 years of waiting, the Oregon Court of Appeals finally heard oral arguments in my case. While I did not attend, I was informed of what transpired by my attorneys at the Civil Liberties Defense Center. My attorney was given 15 minutes to argue my case. He spent the majority of the time dealing with the merge issue, which would significantly reduce my sentence. Of the 3-judge panel, one appeared to be supportive of this idea, asking pointed questions of the Attorney General on why they disagreed. The argument against Measure 11 was also made. This unfortunately did not seem to gather as much support. The panel seemed to be evenly split, with one judge a known conservative, one moderate-to-liberal (perhaps) and a relative newcomer that no one knows much about. The state argued against merger and against my Blakely issues - which deal with my 4-year upper departure sentence. All in all, my attorneys felt mixed about the case. I got the impression that it could have been better, but also could have been much worse. I won't dare to venture a guess as to the outcome, but I will keep my fingers crossed. There is no deadline for a decision - it is now a waiting game. My attorney thinks anywhere from 6-8 months, but it could be as soon as one month or as long as 2 years. Free filed an appeal of his case on January 14, 2003 before the Oregon Court of Appeals. The appeal is 50 pages long and covers many aspects of Jeff's ludicrous trial and sentence.We are hoping that this appeal will take 10-12 years off his sentence. The state responded to Free's appeal in early October 2003, Jeff's lawyer responded in March 2004 and July 2004 arguements were postponed due to the Blakely v. Washington court decision in Washington state. Jeff's appeal is currently on hold. In June, the United States Supreme Court decided Blakely v. Washington, 542 US ___, 124 S Ct 2531, ___ L Ed 3d ___ (2004). The case has the potential to affect the sentences of thousands of people sentenced under Oregon's sentencing guidelines, including Jeff's. The Oregon Court of Appeals has received requests for additional briefing on Blakely in so many cases that it has delayed ruling on these requests until Oregon courts have a chance to figure out the impact of Blakelyon sentencing in Oregon. The Oregon Court of Appeals and Supreme Court are expected to begin issuing opinions in some representative cases (also called "lead cases") soon. After that, the Court of Appeals will decide to allow or deny additional briefing in cases like Jeff's, and his appeal will go forward from there. Legal costs for Jeff's appeals will be very expensive and help is greatly needed. Please send checks and money orders made out to Free's Defense Fund and send them to Free's Defense Fund, POB 3, Eugene, OR 97440. You can also click the button below to make an online credit card donation. |
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