of the opinion of SCOTUS the Oregon Supreme Court reviewed the case yet again in 2007 (State of Oregon vs. Randy Lee Guzek, 153 P.3d 101 (Ore. 2007) and determined that in accordance with the SCOTUS decision, that live alibi testimony would not be allowed but that prior transcript alibi testimony of the defendant's mother and grandfather would be admitted. Although the sole remaining issue for the defendant was his right to have life without parole considered if he waived any ex post facto right, on May 5, 2010 as jury selection was starting Guzek wrote a pro-se 5-page brief demanding that life without parole (LWOP) be removed from consideration and the presiding judge, Judge Jack Billings so ordered. Clatsop County DA Josh Marquis returned for a third time to re-prosecute Guzek. In May 2010, after several further delays, the case of the State of Oregon vs. Randy Guzek went to trial again in Deschutes County, Oregon. On June 17, 2010, after about 5 hours of deliberation, the 8-woman, 4-man jury unanimously answered all the four questions required for a sentence of death to be rendered under Oregon's capital sentencing scheme "yes," and Guzek was immediately sentenced to death again for the murders of Rod Houser and Lois Houser. The court's decision The United States Supreme Court unanimously reversed the Oregon Supreme Court, ruling that the Eighth Amendment's prohibition against cruel and unusual punishment did not create a right to introduce evidence of innocence in a defendant's death penalty sentencing phase if it had not been introduced in the trial phase. The U.S. Constitution permitted states to limit such evidence to that already presented at trial. Guzek had also argued that this alibi evidence could be used to impeach the testimony of other witnesses. The Court left it open to the Oregon Supreme Court on remand to determine whether this was permissible under Oregon law. Subsequent developments On December 13, 2022, Guzek's death sentence (along with everyone else on Oregon's death row) was commuted to life without parole by Governor Kate Brown. Sue Shirley, the daughter of Guzek's victims, reacted to the decision with outrage. See also List of United States Supreme Court cases, volume 546 List of United States Supreme Court cases Capital punishment in Oregon Notes References Full text of the Court's decision from FindLaw.com United States Supreme Court cases Cruel and Unusual Punishment Clause and death penalty