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Innocence v. Punishment

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February 23, 2006, 10:33
JB
Innocence v. Punishment
HIGH COURT OVERTURNS STATE RULING ON GUZEK

The U.S. Supreme Court used an infamous Oregon murder case on Wednesday to limit the ability of convicted killers to argue their innocence during the sentencing phase of their trials.

The unanimous decision overturned the Oregon Supreme Court, which ruled in 2004 that convicted murderer Randy L. Guzek had a right under the U.S. Constitution to have his mother testify in the sentencing phase that he was with her at the time of the crime.

Oregon Solicitor General Mary H. Williams said such a broad ruling would allow convicted murderers to reargue their innocence during a phase of the trial that is designed to determine only whether they should live or die.

"The scope of the Oregon Supreme Court ruling was what really concerned us," Williams said.

Despite the broader significance, it's unclear whether the decision will have much effect on Guzek, who was convicted in Deschutes County in the 1987 murders of Rod and Lois Houser.

Guzek's conviction remains intact, so he faces a minimum sentence of life in prison.
Under Oregon law, because his mother was an alibi witness in the guilt phase of the trial, Guzek can present a transcript of her testimony during the sentencing phase.
February 23, 2006, 11:01
mike bartley
The Supremes have now adopted the enlightened rule that has been the law for decades in the Manual for Courts-Martial. In a court-martial, a defendant cannot challenge or attempt to impugn a finding of guilt during the sentencing phase of the trial.