Oregon v. AlthouseAnnotate this Case
Defendant William Althouse was convicted in 2011 of felony public indecency after previously having been convicted of three other felony sex crimes. Pursuant to ORS 137.719(1), the trial court sentenced him to life imprisonment without the possibility of parole. Throughout this litigation, defendant argued that, as applied to him, a sentence of life imprisonment without the possibility of parole violated Article I, section 16, of the Oregon Constitution and the Eighth Amendment to the United States Constitution. The Court of Appeals affirmed the trial court’s judgment without opinion. The Supreme Court allowed defendant’s petition for review to consider two issues: (1) whether ORS 138.222(2)(a) barred direct appellate review of a presumptive sentence imposed pursuant to ORS 137.719(1); and, (2) if not, whether defendant’s sentence was unconstitutional as applied. The Court held that defendant’s sentence was both reviewable and constitutional. The Court therefore affirmed the Court of Appeals.