Petitions for review, June 4, 2020

548
PETITIONS FOR REVIEW
(466 P3d 57, 60, 65, 69)
ALLOWED
June 4, 2020
State v. Burke, Sean Michael (A164733)(S066523)(295 Or App 669). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his convictions
qualifies for plain error review and exercises its discretion to correct the
error. The court therefore reverses defendant’s convictions on Counts 1, 2,
and 3. Decision of Court of Appeals reversed in part, judgment of circuit court
reversed, and case remanded to the circuit court for further proceedings.
State v. Cage, Matthew Antonio (A164777)(S066756)(296 Or App 490). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his convictions
qualifies for plain error review and exercises its discretion to correct the error.
The court therefore reverses defendant’s convictions on Counts 1, 2, 3, and 5.
Decision of Court of Appeals reversed, judgment of circuit court reversed, and
case remanded to the circuit court for further proceedings.
State v. Chaffee, Robert Lee (A165200)(S067349)(300 Or App 403). Petition for
review allowed. For the reasons given in State v. Ulery, 366 Or 500, 464 P3d
1123 (2020), the court accepts the state’s concession that defendant’s Sixth
Amendment challenges to the receipt of the jury’s guilty verdicts on Counts 2
and 3 and the entry of a judgment of conviction on Count 2 qualify for plain
error review, and exercises its discretion to correct the error. Decision of Court
of Appeals reversed, judgment of circuit court reversed, and case remanded to
the circuit court for further proceedings.
State v. Gilbert, Cody John (A165869)(S067326)(300 Or App 582). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his conviction
qualifies for plain error review and exercises its discretion to correct the error.
The court therefore reverses defendant’s conviction on Count 1. Decision of
Court of Appeals reversed, judgment of circuit court reversed in part, and case
remanded to the circuit court for further proceedings.
State v. Hamilton, Don Lacey (A162335)(S067094)(298 Or App 840). Petition for
review allowed in part, limited to the issue of the appropriate disposition of this
case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed 2d 583
(2020); petition for review otherwise denied. For the reasons given in State v.
Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s concession
that defendant’s Sixth Amendment challenge to his convictions qualifies for
plain error review and exercises its discretion to correct the error. The court

PETITIONS FOR REVIEW — Continued 	549
(466 P3d 60-61, 63, 66)
therefore reverses defendant’s convictions on Counts 1, 3, and 4. Decision
of Court of Appeals reversed, judgment of circuit court reversed, and case
remanded to the circuit court for further proceedings.
State v. Hunt, Kevin John (A168599)(S067339)(300 Or App 403). Petition for
review allowed. For the reasons given in State v. Ulery, 366 Or 500, 464 P3d
1123 (2020), the court accepts the state’s concession that defendant’s Sixth
Amendment challenge to his conviction qualifies for plain error review and
exercises its discretion to correct the error. The court therefore reverses
defendant’s conviction on Count 1. Decision of Court of Appeals reversed,
judgment of circuit court reversed, and case remanded to the circuit court for
further proceedings.
State v. Longoria, Joseph Valentino (A164245)(S067403)(300 Or App 495).
Petition for review allowed in part, limited to the issue of the appropriate
disposition of this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct
1390, 206 L Ed 2d 583 (2020); petition for review otherwise denied. For the
reasons given in State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court
accepts the state’s concession that defendant’s Sixth Amendment challenge
to his convictions qualifies for plain error review and exercises its discretion
to correct the error. The court therefore reverses defendant’s convictions on
Counts 1 and 2. Decision of Court of Appeals reversed, judgment of circuit
court reversed, and case remanded to the circuit court for further proceedings.
State v. May, Christopher Alexander (A164697)(S066815)(297 Or App 191). Petition
for review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed 2d
583 (2020); petition for review otherwise denied. For substantially the reasons
given in State v. Williams, 366 Or 495, 466 P3d 55 (2020), the court waives
the rules of appellate procedure to consider defendant’s assignment of error,
accepts the state’s concession that defendant’s Sixth Amendment challenge
to his conviction on Count 1 qualifies for plain error review, and exercises
its discretion to correct the error. The court therefore reverses defendant’s
conviction on Count 1. Decision of Court of Appeals reversed in part, judgment
of circuit court reversed, and case remanded to the circuit court for further
proceedings.
State v. McCants, Ricardo, Jr. (A165959)(S067108)(299 Or App 123). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his conviction
qualifies for plain error review and exercises its discretion to correct the error.
The court therefore reverses defendant’s conviction on Count 1. Decision
of Court of Appeals reversed, judgment of circuit court reversed, and case
remanded to the circuit court for further proceedings.
State v. Moles, David Alan (A161140)(S067699)(295 Or App 606). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed 2d
583 (2020); petition for review otherwise denied. For substantially the reasons
given in State v. Williams, 366 Or 495, 466 P3d 55 (2020), the court waives
the rules of appellate procedure to consider defendant’s assignment of error,
accepts the state’s concession that defendant’s Sixth Amendment challenge
to his convictions qualifies for plain error review, and exercises its discretion

550 	PETITIONS FOR REVIEW — Continued
(466 P3d 57, 66-67)
to correct the error. The court therefore reverses defendant’s convictions on
Counts 1, 2, 5, 6, 7, and 9. Decision of Court of Appeals reversed in part,
judgment of circuit court reversed, and case remanded to the circuit court for
further proceedings.
State v. Newton, Green (A168296)(S067619)(302 Or App 365). Petition for
review allowed. For the reasons given in State v. Ulery, 366 Or 500, 464 P3d
1123 (2020), the court accepts the state’s concession that defendant’s Sixth
Amendment challenge to his convictions qualifies for plain error review and
exercises its discretion to correct the error. The court therefore reverses
defendant’s convictions on Counts 1 and 2. Decision of Court of Appeals
reversed, judgment of circuit court reversed, and case remanded to the circuit
court for further proceedings.
State v. Partain, Jeremiah Scott (A166136)(S066912)(298 Or App 492). Petition
for review allowed in part, limited to the issue of the appropriate disposition
of this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his conviction
qualifies for plain error review and exercises its discretion to correct the error.
The court therefore reverses defendant’s conviction on Count 1. Decision of
Court of Appeals reversed in part, judgment of circuit court reversed, and case
remanded to the circuit court for further proceedings.
State v. Ransom, Kalvin Ray (A165628)(S067081)(298 Or App 554). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his convictions
qualifies for plain error review and exercises its discretion to correct the
error. The court therefore reverses defendant’s convictions on Counts 2 and
4. Decision of Court of Appeals reversed in part, judgment of circuit court
reversed, and case remanded to the circuit court for further proceedings.
State v. Salazar, Jordan Michael (A164001)(S066418)(294 Or App 512, rev den,
364 Or 723 (2019)). Petition for review allowed on reconsideration, limited
to the issue of the appropriate disposition of this case in light of Ramos v.
Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed 2d 583 (2020); petition for
review otherwise denied. For the reasons given in State v. Ulery, 366 Or 500,
464 P3d 1123 (2020), the court accepts the state’s concession that defendant’s
Sixth Amendment challenge to his convictions qualifies for plain error review
and exercises its discretion to correct the error. The court therefore reverses
defendant’s convictions on Counts 3 and 4. Decision of Court of Appeals
reversed in part, judgment of circuit court reversed, and case remanded to the
circuit court for further proceedings.
State v. Saunders, Rashi William (A165653)(S066884)(298 Or App 291). Petition for
review allowed in part, limited to the issue of the appropriate disposition of this
case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed 2d 583
(2020); petition for review otherwise denied. For the reasons given in State v.
Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s concession
that defendant’s Sixth Amendment challenge to his convictions qualifies for
plain error review and exercises its discretion to correct the error. The court
therefore reverses defendant’s convictions on Counts 1 and 2. Decision of Court

PETITIONS FOR REVIEW — Continued 	551
(466 P3d 58, 61, 63-64)
of Appeals reversed, judgment of circuit court reversed, and case remanded to
the circuit court for further proceedings.
State v. Scott, Kevin Levi (A163658)(S066643)(296 Or App 491). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his convictions
qualifies for plain error review and exercises its discretion to correct the
error. The court therefore reverses defendant’s convictions on Counts 1 and
2. Decision of Court of Appeals reversed in part, judgment of circuit court
reversed, and case remanded to the circuit court for further proceedings.
State v. Shoemaker, Christopher Allen (A162595)(S067701)(303 Or App 230).
Petition for review allowed. For the reasons given in State v. Ulery, 366 Or 500,
464 P3d 1123 (2020), the court accepts the state’s concession that defendant’s
Sixth Amendment challenge to his conviction qualifies for plain error review
and exercises its discretion to correct the error. The court therefore reverses
defendant’s conviction on Count 1. Decision of Court of Appeals reversed in
part, judgment of circuit court reversed, and case remanded to the circuit
court for further proceedings.
State v. Smith, Larry Dale, Jr. (A160838)(S067384)(300 Or App 485). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his convictions
qualifies for plain error review and exercises its discretion to correct the
error. The court therefore reverses defendant’s convictions on Counts 1, 3,
and 4. Decision of Court of Appeals reversed in part, judgment of circuit court
reversed, and case remanded to the circuit court for further proceedings.
State v. Tajipour, Hossein (A162748)(S067083)(299 Or App 219). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his convictions
qualifies for plain error review and exercises its discretion to correct the error.
The court therefore reverses defendant’s convictions on Counts 1, 3, 5, 7, and
9. Decision of Court of Appeals reversed, judgment of circuit court reversed,
and case remanded to the circuit court for further proceedings.
State v. Vera-Medina, Enrique (A165536)(S066907)(298 Or App 493). Petition for
review allowed in part, limited to the issue of the appropriate disposition of
this case in light of Ramos v. Louisiana, 590 US __, 140 S Ct 1390, 206 L Ed
2d 583 (2020); petition for review otherwise denied. For the reasons given in
State v. Ulery, 366 Or 500, 464 P3d 1123 (2020), the court accepts the state’s
concession that defendant’s Sixth Amendment challenge to his convictions
qualifies for plain error review and exercises its discretion to correct the
error. The court therefore reverses defendant’s convictions on Counts 1, 2, 3,
4, 5, and 6. Decision of Court of Appeals reversed, judgment of circuit court
reversed, and case remanded to the circuit court for further proceedings.

552 	PETITIONS FOR REVIEW — Continued
(466 P3d 58-59, 62-65, 67-70)
DENIED
June 4, 2020
Bank of New York Mellon, The v. Staton (A166910)(S067523)(300 Or App 822)
Bell, Rebecca v. State of Oregon (A169026)(S067477)(300 Or App 822)
Daugherty, Kevin Royce v. Bowser (A169583)(S067694)(302 Or App 187)
Department of Human Services v. L. C. (A171489/90)(A171506/07)(S067654)(303
Or App 37)(petition of L. C.)
Department of Human Services v. L. C. (A171489/90)(A171506/07)(S067650)(303
Or App 37)(petition of S. V. M.)
Enriquez, Edmund v. Cain (A166535)(S067436)(300 Or App 822)
Growing Green Panda v. Department of Human Services (A164165)(S067565)(302
Or App 325)
Houff, Wayne v. Board of Parole and Post-Prison Supervision (A167590)(S067543)
(301 Or App 699)
International Association of Machinists, Woodworkers Local W-246 v. Heil
(A166909)(S067535)(301 Or App 685)
Millington, Court Appointed Personal Representative for the Decedent, Roland
Villet v. Progressive Insurance (A167161)(S067452)(300 Or App 821)
Pitchforth, Donald Stephen v. Board of Parole and Post-Prison Supervision
(A168365)(S067559)(302 Or App 381)
Sanders, Roger James v. Kelly (A168814)(S067696)(302 Or App 187)
State v. Anotta, Jedidih Alaka (A168048)(S067600)(302 Or App 176)
State v. Arbogast, Eric Scott (A167577)(S067536)(302 Or App 381)
State v. Brown, Gary Sebastian, III (A167084)(S067496)(301 Or App 636)
State v. Canales, Cesar Ulises (A167563)(S067507)(301 Or App 668)
State v. J. G. (A170779)(S067640)(301 Or App 853)
State v. J. S. T. (A169914)(S067693)(302 Or App 187)
State v. May, Christopher Alexander (A164697)(S066805)(297 Or App 191)
State v. Neatherlin, January Irene (A167852)(S067567)(302 Or App 381)
State v. Pennie, Dale Alan (A167946)(S067675)(301 Or App 853)
State v. Phillips, Jacqueline Marie (A164790)(S067583)(302 Or App 618)
State v. Shepherd, Mickey Allen (A167327)(S067591)(302 Or App 118)(petition
and supplemental petition)
State v. Swartz, Dennis Ray (A167696)(S067580)(302 Or App 93)
State v. Ulrich, Jason David (A168646)(S067679)(303 Or App 364)