No. 25-6437

Sean Blaine James v. Oregon

Lower Court: Oregon
Docketed: 2025-12-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process fifth-amendment fourteenth-amendment grand-jury-clause incorporation-doctrine sentence-enhancement
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2026-01-23
Question Presented (AI Summary)

Whether the Fourteenth Amendment fully incorporates the Grand Jury Clause of the Fifth Amendment?

Question Presented (OCR Extract)

Whether the Fourteenth Amendment fully incorporates the Grand Jury Clause of the Fifth Amendment? RELATED CASES Oregon Supreme Court, S071710, State of Oregon v. James, October 2, 2025; Oregon Court of Appeals, A180916, State of Oregon v. James, December 26, 2024; Lane County Circuit Court, 22CR52218, State of Oregon v. James, February 23, 2023. OPINIONS BELOW The Oregon Supreme Court’s order denying review appears at App. C to the petition and is reported at 374 Or. 379. The Oregon Court of Appeals’ opinion appears at App. A to the petition and is reported at 337 Or. App. 157. The trial court’s judgment appears at App. B io the petition and is unpublished. JURISDICTIONAL STATEMENT The Oregon Supreme Court denied discretionary review on October 2, 2025. A copy of that decision appears at App. C. The jurisdiction of this Court is invoked under 28 U.S. C. § 1257(a). CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED The Fifth Amendment to the United States Constitution provides, in pertinent part, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger.” 1 The Fourteenth Amendment to the United States Constitution provides, in pertinent part: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Docket Entries

2026-01-26
Petition DENIED.
2026-01-08
DISTRIBUTED for Conference of 1/23/2026.
2026-01-06
Waiver of right of respondent Oregon to respond filed.
2025-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2026)

Attorneys

Oregon
Paul L. SmithOregon Department of Justice - Appellate Division, Respondent
Paul L. SmithOregon Department of Justice - Appellate Division, Respondent
Sean James
Kyle Larry KrohnOregon Public Defense Commission, Petitioner
Kyle Larry KrohnOregon Public Defense Commission, Petitioner