Scott Matthew Hucke v. State of Oregon and Harl Haas

This case presents a conflict between a federal bankruptcy proceeding and a state criminal proceeding, in which the bankruptcy court opinion (as applied by the federal district court) effected the release of an Oregon State prisoner convicted of rape by voiding the State’s probation revocation. We vacate and remand.

FACTS & PROCEDURAL HISTORY

On the night of December 15,1989, Appel-lee Scott Matthew Hucke and his friend David Stone forcibly raped a young woman. On May 29, 1990, Hucke pleaded guilty to rape in the first degree in the Circuit Court of the State of Oregon in accordance with a plea agreement whereby the district attorney agreed to seek a maximum of five years probation (rather than the thirty-six months prison sentence that could have been imposed) and to recommend a downward departure from the state’s sentencing guidelines. Presiding over the sentencing proceedings was Appellant Harl H. Haas, in his capacity as a Circuit Judge of that court. Although reluctant to abide by the stipulation because of the “heinous nature of the crime” and its “substantial and long-term effects on the victim,” Judge Haas finally agreed to its terms on the express condition that Hucke…