States may constitutionally limit the evidence of innocence a defendant convicted of a capital offense may present at his sentencing hearing to the evidence already presented at his trial. Oregon Supreme Court vacated and remanded.
Randy Lee Guzek was convicted of murder and sentenced to death.[1] Chief Deputy DA Ron Brown prosecuted the case. The Oregon Supreme Court affirmed his conviction but vacated the sentence on appeal.[2] The court ruled that the death sentence violated the Eighth Amendment[3] because the jury was not presented with a "general mitigation question," which would ensure that it had the opportunity to give effect to any relevant mitigating evidence outside of the statutory factors that were submitted to it. The court remanded the case back to the trial court for a new sentencing trial.
Second state appealedit
On remand, Guzek was sentenced to death again.[4] Chief Deputy DA Joshua Marquis prosecuted the re-trial. Guzek appealed, and the Oregon Supreme Court again vacated the sentence, ruling that "victim impact" evidence that the State had presented during sentencing was irrelevant, so unconstitutionally secured the death sentence.[5] The case was remanded for a third sentencing trial.
Third state appealedit
During the third sentencing trial, prosecuted by special prosecutor Joshua Marquis, the trial judge failed to instruct the jury about a "true-life" sentencing option— life in prison without the possibility of parole— as an alternative to the death penalty.[6] Guzek was once again sentenced to death. Based on this error, the Oregon Supreme Court vacated Guzek's sentence and remanded for a new sentencing trial.[7]
Seeking to avoid further errors at his fourth sentencing proceeding, the court also addressed the exclusion of alibi evidence that Guzek had sought to admit, which consisted of transcripts of testimony by his mother and grandfather stating he was with them at the time of the murder. The Oregon Supreme Court ruled that under state law, and the Eighth Amendment, Guzek had a right to present this evidence during his death penalty sentencing and directed the trial court to admit all alibi evidence he submitted. The State of Oregon then petitioned the Supreme Court for review.
Fourth sentencing trialedit
As the result of the opinion of SCOTUS the Oregon Supreme Court reviewed the case yet again in 2007 (State of Oregon vs. Randy Lee Guzek, 153 P.3d 101 (Ore. 2007) and determined that in accordance with the SCOTUS decision, that live alibi testimony would not be allowed but that prior transcript alibi testimony of the defendant's mother and grandfather would be admitted. Although the sole remaining issue for the defendant was his right to have life without parole considered if he waived any ex post facto right, on May 5, 2010 as jury selection was starting Guzek wrote a pro-se 5-page brief demanding that life without parole (LWOP) be removed from consideration and the presiding judge, Judge Jack Billings so ordered.[8] Clatsop County DA Josh Marquis returned for a third time to re-prosecute Guzek. In May 2010, after several further delays, the case of the State of Oregon vs. Randy Guzek went to trial again in Deschutes County, Oregon. On June 17, 2010, after about 5 hours of deliberation, the 8-woman, 4-man jury unanimously answered all the four questions required for a sentence of death to be rendered under Oregon's capital sentencing scheme "yes," and Guzek was immediately sentenced to death again for the murders of Rod Houser and Lois Houser.[9]
The court's decisionedit
The United States Supreme Court unanimously reversed the Oregon Supreme Court, ruling that the Eighth Amendment's prohibition against cruel and unusual punishment did not create a right to introduce evidence of innocence in a defendant's death penalty sentencing phase if it had not been introduced in the trial phase. The U.S. Constitution permitted states to limit such evidence to that already presented at trial.
Guzek had also argued that this alibi evidence could be used to impeach the testimony of other witnesses. The Court left it open to the Oregon Supreme Court on remand to determine whether this was permissible under Oregon law.
Subsequent developmentsedit
On December 13, 2022, Guzek's death sentence (along with everyone else on Oregon's death row) was commuted to life without parole by Governor Kate Brown. Sue Shirley, the daughter of Guzek's victims, reacted to the decision with outrage.[10]
^"Steve Duin on Randy Lee Guzek: The dead man resumes walking". June 17, 2010.
^Borrud, Hillary (December 13, 2022). "Gov. Kate Brown commutes sentences of all 17 people on Oregon's death row". Oregon Live. Retrieved December 14, 2022.
Referencesedit
Full text of the Court's decision from FindLaw.com
January 01, 1970
oregon, guzek, 2006, decision, supreme, court, united, states, which, ruled, that, eighth, amendment, united, states, constitution, does, grant, criminal, defendants, facing, death, penalty, right, introduce, evidence, their, innocence, during, sentencing, tha. Oregon v Guzek 546 U S 517 2006 was a decision by the Supreme Court of the United States which ruled that the Eighth Amendment to the United States Constitution does not grant criminal defendants facing the death penalty the right to introduce new evidence of their innocence during sentencing that was not introduced during trial Accordingly states could constitutionally exclude such evidence from the sentencing phase of a capital trial Oregon v GuzekSupreme Court of the United StatesArgued December 7 2005Decided February 22 2006Full case nameOregon Petitioner v Randy Lee GuzekDocket no 04 928Citations546 U S 517 more 126 S Ct 1226 163 L Ed 2d 1112 2006 U S LEXIS 1818 74 U S L W 4142 19 Fla L Weekly Fed S 100Case historyPriorDefendant convicted Circuit Court of Deschutes County 1988 conviction affirmed sentence vacated remanded 797 P 2d 1031 Ore 1990 defendant resentence Circuit Court of Deschutes County sentence vacated remanded 906 P 2d 272 Ore 1995 defendant resentenced Circuit Court of Deschutes County sentence vacated remanded 86 P 3d 1106 Ore 2004 cert granted 125 S Ct 1929 2005 HoldingStates may constitutionally limit the evidence of innocence a defendant convicted of a capital offense may present at his sentencing hearing to the evidence already presented at his trial Oregon Supreme Court vacated and remanded Court membershipChief Justice John Roberts Associate Justices John P Stevens Antonin ScaliaAnthony Kennedy David SouterClarence Thomas Ruth Bader GinsburgStephen Breyer Samuel AlitoCase opinionsMajorityBreyer joined by Roberts Stevens Kennedy Souter GinsburgConcurrenceScalia in judgment joined by ThomasAlito took no part in the consideration or decision of the case Laws appliedU S Const amend VIII Contents 1 Background of the case 1 1 First state appeal 1 2 Second state appeal 1 3 Third state appeal 1 4 Fourth sentencing trial 2 The court s decision 3 Subsequent developments 4 See also 5 Notes 6 ReferencesBackground of the case editFirst state appeal edit Randy Lee Guzek was convicted of murder and sentenced to death 1 Chief Deputy DA Ron Brown prosecuted the case The Oregon Supreme Court affirmed his conviction but vacated the sentence on appeal 2 The court ruled that the death sentence violated the Eighth Amendment 3 because the jury was not presented with a general mitigation question which would ensure that it had the opportunity to give effect to any relevant mitigating evidence outside of the statutory factors that were submitted to it The court remanded the case back to the trial court for a new sentencing trial Second state appeal edit On remand Guzek was sentenced to death again 4 Chief Deputy DA Joshua Marquis prosecuted the re trial Guzek appealed and the Oregon Supreme Court again vacated the sentence ruling that victim impact evidence that the State had presented during sentencing was irrelevant so unconstitutionally secured the death sentence 5 The case was remanded for a third sentencing trial Third state appeal edit During the third sentencing trial prosecuted by special prosecutor Joshua Marquis the trial judge failed to instruct the jury about a true life sentencing option life in prison without the possibility of parole as an alternative to the death penalty 6 Guzek was once again sentenced to death Based on this error the Oregon Supreme Court vacated Guzek s sentence and remanded for a new sentencing trial 7 Seeking to avoid further errors at his fourth sentencing proceeding the court also addressed the exclusion of alibi evidence that Guzek had sought to admit which consisted of transcripts of testimony by his mother and grandfather stating he was with them at the time of the murder The Oregon Supreme Court ruled that under state law and the Eighth Amendment Guzek had a right to present this evidence during his death penalty sentencing and directed the trial court to admit all alibi evidence he submitted The State of Oregon then petitioned the Supreme Court for review Fourth sentencing trial edit As the result of the opinion of SCOTUS the Oregon Supreme Court reviewed the case yet again in 2007 State of Oregon vs Randy Lee Guzek 153 P 3d 101 Ore 2007 and determined that in accordance with the SCOTUS decision that live alibi testimony would not be allowed but that prior transcript alibi testimony of the defendant s mother and grandfather would be admitted Although the sole remaining issue for the defendant was his right to have life without parole considered if he waived any ex post facto right on May 5 2010 as jury selection was starting Guzek wrote a pro se 5 page brief demanding that life without parole LWOP be removed from consideration and the presiding judge Judge Jack Billings so ordered 8 Clatsop County DA Josh Marquis returned for a third time to re prosecute Guzek In May 2010 after several further delays the case of the State of Oregon vs Randy Guzek went to trial again in Deschutes County Oregon On June 17 2010 after about 5 hours of deliberation the 8 woman 4 man jury unanimously answered all the four questions required for a sentence of death to be rendered under Oregon s capital sentencing scheme yes and Guzek was immediately sentenced to death again for the murders of Rod Houser and Lois Houser 9 The court s decision editThe United States Supreme Court unanimously reversed the Oregon Supreme Court ruling that the Eighth Amendment s prohibition against cruel and unusual punishment did not create a right to introduce evidence of innocence in a defendant s death penalty sentencing phase if it had not been introduced in the trial phase The U S Constitution permitted states to limit such evidence to that already presented at trial Guzek had also argued that this alibi evidence could be used to impeach the testimony of other witnesses The Court left it open to the Oregon Supreme Court on remand to determine whether this was permissible under Oregon law Subsequent developments editOn December 13 2022 Guzek s death sentence along with everyone else on Oregon s death row was commuted to life without parole by Governor Kate Brown Sue Shirley the daughter of Guzek s victims reacted to the decision with outrage 10 See also editList of United States Supreme Court cases volume 546 List of United States Supreme Court cases Capital punishment in OregonNotes edit Deschutes County Circuit Court Judge Thomas M Mosgrove presiding State v Guzek 797 P 2d 1031 Ore 1990 As applied to the States by the Fourteenth Amendment to the United States Constitution see Incorporation Judge Mosgrove again presided over the sentencing State v Guzek 906 P 2d 272 Ore 1995 Judge Pierre Van Rysselberghe presided over the third sentencing State v Guzek 86 P 3d 1106 Ore 2004 http www oregonlive com news oregonian steve duin index ssf 2010 05 randy lee guzek revels in the html ordered Steve Duin on Randy Lee Guzek The dead man resumes walking June 17 2010 Borrud Hillary December 13 2022 Gov Kate Brown commutes sentences of all 17 people on Oregon s death row Oregon Live Retrieved December 14 2022 References editFull text of the Court s decision from FindLaw com Retrieved from https en wikipedia org w index php title Oregon v Guzek amp oldid 1175147981, wikipedia, wiki, book, books, library,
