The post-conviction relief process in Oregon is an alternative way to challenge a conviction. Most convictions are challenged through the appeal process.
However, the appeal process only involves a review of the legal rulings made by the trial court judge. An appeals court cannot re-examine evidence or witness statements and declare that a judge or a jury made the incorrect decision.
An appeals court can also only examine issues that were raised at the trial court level. This is called preserving the issue for appeal. An issue that was not preserved for appeal cannot be raised on appeal.
Yes, you can introduce new evidence
Because an appeals court is limited to determining if the trial court judge made any errors of law, you cannot introduce new evidence if you appeal your conviction. However, you can introduce new evidence if you file a petition for post-conviction relief.
Another way to challenge a conviction is through post-conviction relief petitions and hearings at the trial court level.
Post-conviction relief petitions usually assert a violation of one of your constitutional rights. Ineffective assistance of counsel is one of the most common claims in a petition for post-conviction relief.
The reason post-conviction relief claims remain at the trial court level is because the claims, such as ineffective assistance of counsel, could not be raised on appeal since they have nothing to do with the trial court judge’s rulings.
Your post-conviction relief hearing
After you file a petition for post-conviction relief in Oregon, you will eventually be scheduled for a hearing on your petition. This is your chance to present your new evidence.
In fact, new evidence is typically required at a post-conviction relief hearing to prove your claim that a constitutional right was violated.
New evidence can be additional witnesses, documents or other evidence showing how your rights were violated. For example, in a claim involving ineffective assistance of counsel, a new attorney could testify as a witness about what they would have done differently.