A criminal conviction does not necessarily end the search for truth. A new witness may come forward, previously unavailable records may surface or advances in forensic testing may reveal information that was unknown at the time of trial. In some circumstances, newly...
A defendant has the right to make an informed decision about whether to accept or reject a plea offer. But what happens if the defendant never gets that opportunity because their attorney fails to tell them an offer was made? In some cases, that failure can provide...
When a criminal defendant launches an appeal on a verdict, hearing that the conviction has been overturned or “reversed” can bring a huge sense of relief. In essence, that means that the appellate court has set aside the conviction because it found a serious problem...
Artificial intelligence (AI) is increasingly woven into every part of human existence, and it has quickly been adopted by many attorneys as a new tool that they can use to research cases, organize information and even prepare documents or arguments. There’s nothing...
Post-conviction proceedings have strict procedural rules, including rules governing when – and how – particular issues must be raised. If an issue was not presented and appeal options preserved at the appropriate stage, the court may decide that the claim has been...
A criminal record can make finding a job harder, but it doesn't have to keep you from working. Depending on the nature of the offense, how long ago it occurred and state laws, you may have plenty of job opportunities. Understanding your legal rights when looking for...
To ensure that criminal defendants have fair trials, prosecutors are generally required to “put all their cards on the table.” Whether material evidence is good or bad for the prosecution’s goals, it is supposed to be disclosed to the defense. This is particularly...
“Ineffective assistance of counsel” is an issue raised by many criminal defendants seeking post-conviction relief. What does that really mean? You can be disappointed in the outcome of your case and dissatisfied with your attorney’s work, but that doesn’t necessarily...
Yes. Juror misconduct can support post-conviction relief in Oregon in some situations. A criminal conviction depends on a fair trial, and jurors play a central role in that process. If a juror's actions undermine fairness, a person may wonder whether the conviction...
A conviction may not always be the end of the story. Sometimes, a person learns about a witness who was not identified or available before the trial. That can raise an important question: Can this new witness change the outcome of the case? The answer depends on the...
