10/1/2019 2:52 PM
17CR34550

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

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FOR THE COLTNTY OF MULTOMAH

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STATE OF OREGON,

Plaintifi

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vs.

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JEREMY JOSEPH CHRISTIAN,

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Defendant.

No. 17CR34550

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MOTION TO DECLARE DEATH IS NOT A
SENTENCING OPTION
(Oral Argument Requested)

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MOTION
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COMES NOW, the defendant, Jeremy Christian, by and through his attorney, Greg Scholl,

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and respectfully requests an Order of this Court, pursuant to Oregon's new aggravated murder

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statute (SB1013) declaring death is not a possible sentencing option in the above captioned case.

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This motion is in the opinion of counsel well-founded and not made for purposes of delay. It
is estimated that this motion will take 30 minutes. Reporting services are requested.

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ARGUMENT

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Mr. Christian is charged by way of indictment in the current case with, among other counts,
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two counts of Aggravated Murder from an alleged incident date of May 26,2017. Senate Bill 1013,

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which gives a new definition for Aggravated Murder (SB 1013, Section 1) and is based on elements

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not pleaded in the present case, became law on "the

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session of the fcurrent legislature] adjourns." SB 1013, Section 31. The 2019 regular session of the

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legislature adjourned June 30, 2019, and SB

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9l't day after the date on which the 2019 regular

became law September 29,2019.

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PAGE I of 4 - MOTION TO DECLARE DEATH IS NOT A SENTENCING OPTION

NIIETII,OPOLITr\N PLJllLlC DI'FENDER
210 FIILLSBOI{O. OREGON 97123-4t66 \503)726-7900

400 EAST MArN STREET, SUII'E

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SB 1013 applies to "crimes committed before, on or after the effective date of this 2019 Act
that are the subject of sentencing proceedings occurring on or after the effective date of this 2019

Act." SB 1013, Section

30.

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If defendant is convicted of any offense pled in the cument indictment which allegedly
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occurred "before . . . the effective date of this 2019 Act," defendant will be subject to a "sentencing

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proceeding occurring on or after the effective date fSeptember 29,2019] of this 2019 Act." Thus SB

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1013 applies to defendant in the present case.

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As it relates to this case, what was previously Aggravated Murder is now reclassified

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Murder in the First Degree (SB 1013, Section 3(1)) for which the death penalty is not a sentencing
option. SB 1013, Section 3(2). Thus Mr. Christian is not subject to the death penalty.

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PAGE 2 of 4

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MOTION TO DECLARE DEATH IS NOT A SENTENCING OPTION

NIETROPOLITAN PI.JBLIC DEFENDER
400 EAST MAIN STREEI', SUITE

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HILLSBORO, OREGON 97123-4166 (503)726-7900

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CONCLUSION

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Because SB 1013 has become law, Mr. Christian respectfully requests the Court declare
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death is not a sentencing option in the present case, and any and all procedures related to the death

penalty are not relevant to this case.
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DATED this

day

of

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E"\

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Greg Scholl, OSB #9
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Dean Smith, OSB #924647
Attorneys for Jeremy Christian

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PAGE 3 of 4

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MOTION TO DECLARE DEATH IS NOT A SENTENCING OPTION

IVIETROPOLITAN PI.]BLIC DETENDER
IjII-LSBORO. OREGON 97123-4166 (503)726-7900

400 EAST MAIN S]'REET, SUITE

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CERTIFICATE OF SERVICE

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I certify that on

VnV'lrf tfr ,'lnlq,I or

served the within: MOTION TO DECLARE DEATH IS NOT

a representative

of my office

A SENTENCING OPTION

on the

attorney of record for plaintiff by electronically serving him a true copy thereof as required by

UTCR 21.100.

eWW
funtnrr 0
MprnopolrrAN

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FUHLIiIEFENDERS

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PAGE 4 of 4

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MOTION TO DECLARE DEATH IS NOT A SENTENCING OPTION

IVIETROPOLITAN PUBLIC DEFENDER

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EAS]'MAIN STREET, SUITE 210 HILLSBORO, OREGON 97123-4t66 (503)726-7900