545 P.3d 1233
Or.2024Background
- In 1994, Thompson was convicted of four counts of aggravated murder and sentenced to death in Oregon.
- Decades later, after legislative changes via SB 1013 narrowed Oregon’s death penalty, Thompson filed a successive post-conviction petition arguing his sentence and two penalty-phase jury questions were unconstitutional.
- Both parties agreed his death sentence should be vacated, but disagreed on whether the remedy should be a remand for resentencing or modification to life without parole.
- The post-conviction court vacated his death sentence, modified it to life without parole, and found additional penalty-phase challenges procedurally barred.
- While Thompson’s appeal was pending, the Governor commuted his sentence to life without parole for 17 individuals, including Thompson.
- The Oregon Supreme Court was asked to consider the impact of the Governor’s commutation and whether Thompson was entitled to further resentencing or relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of Governor’s commutation on death sentence | Commutation preserves claim for resentencing | Commutation moots challenge; he no longer serves a death sentence | Commutation order replaces all prior sentences; no basis for further resentencing |
| Appropriation of remedy after vacating death sentence | Vacating death sentence requires remand for resentencing | Court may directly modify sentence to life without parole | No remand is required post-commutation; commuted sentence stands as if originally imposed |
| Constitutionality of penalty-phase jury questions | „Continuing threat‟ and „deserves death‟ questions are unconstitutional | Claims are procedurally barred and/or lack merit | Not reached — procedural bar was not preserved and so was not considered |
| Procedural bar to successive challenges | Superintendent conceded timeliness; issue waived | Claims could have been raised earlier, so barred | Procedural challenge not preserved; procedural bar holds |
Key Cases Cited
- State v. Thompson, 328 Or 248 (Or. 1999) (upholding conviction and death sentence on direct review)
- State v. Bartol, 368 Or 598 (Or. 2021) (holding that SB 1013 reflects change in culpability assessment for death penalty proportionality under Oregon Constitution)
- State v. Rogers, 368 Or 695 (Or. 2021) (reiterating SB 1013 applies only to sentencings occurring after its effective date)
- Haugen v. Kitzhaber, 353 Or 715 (Or. 2013) (upholding broad scope of governor's clemency power under Oregon Constitution)