When Can a Capital Re-Sentencing Jury Consider Evidence That Questions the Defendants Guilt?
Oregon v. Guzek Docket No. 04-928 From: The Oregon Supreme Court Case at a Glance Randy Lee Guzek, convicted of murder in 1988, faces a fourth capital re-sentencing in Oregon. In granting Guzek relief, the Oregon Supreme Court issued directions for the admission and use of trial evidence supporting “residual doubt” arguments at his upcoming re-sentencing. The State of Oregon claims that those directions violate Franklin v. Lynaugh, and Guzek argues that the Court lacks jurisdiction to hear his case. • Previewed by Kathy Swedlow, an associate professor at the Thomas M. Cooley Law School in Lansing, Michigan.
