State v. Rogers, 499 P.3d 45

In 1989 Rogers was convicted of multiple counts of aggravated murder for killings in the Molalla Forest and was sentenced to death; convictions and earlier death sentences produced multiple appeals and remands (Rogers I–III).
In a fourth penalty-phase trial (2015) Rogers again received death sentences; those sentences are the subject of this automatic direct review.
The Oregon Legislature enacted SB 1013 in 2019, which reclassified many former aggravated-murder theories as first-degree murder and removed death as a penalty for those categories.
Rogers’s guilt was not challenged on appeal; his supplemental briefing argued that SB 1013’s reclassification renders his death sentences disproportionate under Article I, §16 of the Oregon Constitution.
The state relied on arguments adopted in State v. Bartol; the court in Bartol held that SB 1013’s reclassification creates a proportionality problem for pre‑effective‑date death sentences.
Applying Bartol, the court vacated Rogers’s death sentences and remanded for resentencing (he may not be sentenced to death on remand).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether SB 1013’s reclassification makes Rogers’s death sentences disproportionate under Art. I, §16	Death sentences valid because law at the time permitted death; SB 1013 is not retroactive	SB 1013 shows legislature no longer deems the conduct death‑worthy; executing Rogers violates proportionality	Vacated death sentences; SB 1013’s reclassification creates a §16 proportionality violation (followed Bartol)
Whether Art. I, §40 bars a §16 proportionality challenge to the death sentence	§40 forecloses challenges to the death penalty scheme and precludes this attack	§40 does not bar this specific proportionality challenge compatible with the death‑penalty framework	Court applied Bartol: §40 does not bar the proportionality claim here; relief available

State v. Bartol, 368 Or. 598 (2021) (held SB 1013’s reclassification creates a proportionality problem under Art. I, §16 and vacated death sentence)
State v. Rogers, 313 Or. 356 (1992) (Rogers I) (earlier appeal affirming convictions and remanding death sentence)
State v. Rogers, 330 Or. 282 (2000) (Rogers II) (prior remand of sentence)
State v. Rogers, 352 Or. 510 (2012) (Rogers III) (prior remand of sentence)
Furman v. Georgia, 408 U.S. 238 (1972) (discusses the unique severity and finality of death as a punishment)
Kennedy v. Louisiana, 554 U.S. 407 (2008) (addresses the requirement that death be reserved for the worst crimes)