State v. McDonnell
Oregon Supreme Court
794 P.2d 780 (1990)
- Written by Sharon Feldman, JD
Facts
Michael McDonnell (defendant) was charged with aggravated murder. Prior to trial, McDonnell was advised that if the victim’s parents agreed, the district attorney (plaintiff) would allow McDonnell to plead guilty to aggravated murder and would not present evidence to support a death sentence during the penalty phase of the trial. The proposed plea agreement was not acceptable to the victim’s parents. The district attorney decided to proceed to trial. McDonnell moved for an order requiring the district attorney to enter into the plea agreement. The only evidence concerning the proposed plea agreement was the parties’ stipulation that if the victim’s parents agreed, the district attorney would accept a plea to aggravated murder and decline to present evidence during the penalty phase of the trial. No evidence in the record indicated what other considerations the district attorney used in deciding whether to enter into the plea agreement. The trial court denied the motion. McDonnell was convicted of aggravated murder and sentenced to death. McDonnell appealed.
Rule of Law
Issue
Holding and Reasoning (Unis, J.)
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