Oregon AG Withdraws Request For US Supreme Court To Hold 2 Oregon Cases

By Meerah Powell (OPB)
Feb. 27, 2020 7:15 p.m.

Oregon Attorney General Ellen Rosenblum announced Wednesday the Oregon Department of Justice has withdrawn its request to the U.S. Supreme Court to hold open two Oregon cases.

The cases involve twin brothers, Lydell and Laycell White, who murdered an elderly Salem couple in 1993 when they were 15 years old. They were sentenced to 67 years in prison.

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The Oregon Supreme Court last year ruled that the brothers’ lengthy prison sentences were excessive and violated the 8th Amendment.

Related: Oregon Asks US Supreme Court To Weigh In On Sentence Imposed On Twins In 1993 Killing

The court sent the cases back to the Marion County Circuit Court, requesting for further proceedings to determine whether the brothers could be rehabilitated, but Rosenblum had asked the U.S. Supreme Court to hold open the brothers' cases while it considered a similar case in Virginia called Mathena V. Malvo.

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Earlier this week, the state of Virginia withdrew its appeal in the Malvo case, and in turn, Rosenblum withdrew her request.

“Since we are no longer waiting on the U.S. Supreme Court to give us guidance that might have conflicted with our state Supreme Court’s ruling, it makes good sense to now defer to the unanimous ruling of Oregon’s highest court,” Rosenblum said in a statement.

Ryan O’Connor represents the White brothers. He said he’s grateful for Rosenblum’s decision.

“The Attorney General's decision to move to dismiss the petitions for certiorari is a positive step toward bringing Oregon law on juvenile sentencing into line with brain science and the United States Constitution,” O’Connor said. “This should bring an end to years of litigation in these cases. I know that Lydell and Laycelle are both looking forward to a chance to present evidence of rehabilitation.”

The Oregon Justice Resource Center (OJRC), a Portland-based legal nonprofit, also supported Rosenblum’s decision to withdraw her requests.

“Pursuing the matter could have put at risk the rights and liberties of children across the country since the Court’s decision would have a national impact,” OJRC executive director Bobbin Singh said in a statement. “The science is clear: all young people can and do grow and change, and our justice system should reflect this. Youth are not mentally or emotionally adult at the time of their crimes and they can be rehabilitated.”

Singh continued: “The White brothers should now receive a hearing and sentence that complies with the U.S. Constitution.”

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