Oregon law provides the opportunity for people to challenge convictions or sentences that violate their rights, even if other appeals haven’t been successful. One of the possible reasons for pursuing this type of post-conviction relief is an unlawful sentence.
When a sentence is handed down by the court, it’s expected to follow legal requirements. A second look at the sentence is possible if it doesn’t meet those requirements.
Basis of post-conviction relief
Under Oregon Revised Statutes (ORS) 138.530, a person has the option of seeking post-conviction relief if their conviction or sentence violates the United States Constitution. They can also seek post-conviction relief if the sentence was imposed in violation of the laws of this state. This statute serves as a safety net for people convicted of crimes.
One of the situations when this may apply is if the mandatory minimum was incorrectly applied, the sentence exceeds what’s allowable by law or the court was relying on inaccurate information. It can also include violations of procedural rights that occur during the sentencing phase.
Misapplication of Measure 11 minimums
Oregon’s Ballot Measure 11 sets strict mandatory minimums for specific felony offenses. Because of the terms of the measure, judges typically can’t deviate at all from the mandatory minimums. Unusual circumstances and the age of the defendants won’t make a difference.
Even though Measure 11 requires mandatory minimum sentences and contains specific crimes that the measure applies to, there’s a chance that it will be misapplied. This can happen if a judge applies the measure to a crime that doesn’t require it. It’s also possible if the court doesn’t consider a valid exception.
Post-conviction relief must be handled properly to give the individual the best chance of success. Working with someone familiar with these matters can be beneficial.