Robert L. Sepp, Attorney at LawRobert L. Sepp, Attorney at Law2026-08-11T10:13:35Zhttps://www.rsepplaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504583/2021/04/cropped-RobertLSepp-site-icon-1-32x32.pngOn Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Can juror misconduct support post-conviction relief in Oregon?]]>https://www.rsepplaw.com/?p=482222026-08-11T10:13:35Z2026-08-11T10:13:35ZYes. 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 can still stand. Understanding how these issues arise helps explain when post-conviction relief may become an option.
What counts as juror misconduct?
Juror misconduct happens when a juror fails to follow the court's instructions or behaves in a way that affects the fairness of the trial. Under Oregon law, courts may review claims that a person's constitutional rights were violated during the criminal process, including claims involving juror misconduct when the circumstances justify further review.Examples of juror misconduct may include:
Discussing the case before jury deliberations begin
Conducting personal research instead of relying only on evidence presented in court
Communicating with outside parties about the case
Hiding bias or important information during jury selection
Considering information that the judge excluded from the trial
These situations can raise questions about whether the verdict resulted from a fair and impartial process. This makes it important to understand how courts evaluate these claims.
How courts review these claims
Not every mistake by a juror leads to post-conviction relief. A court generally considers whether the misconduct likely affected the outcome of the case or violated the person's constitutional rights. Under federal law, every criminal defendant has the right to an impartial jury and courts take credible claims involving that right seriously.People seeking post-conviction relief often need evidence that supports the claim. Court records, witness statements or other reliable information may help show how the alleged misconduct affected the trial. The burden remains on the petitioner to prove the claim. These standards help courts distinguish serious violations from minor concerns.
Moving forward after a conviction
Juror misconduct does not automatically overturn a conviction, but it can provide grounds for post-conviction relief when it affects the fairness of a trial. Learning how these claims work can help people better understand their legal options and make informed decisions about the next steps.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Can new witnesses change a criminal conviction?]]>https://www.rsepplaw.com/?p=482202026-07-31T05:16:02Z2026-07-31T05:16:02ZWhen a new witness may matter
Not every newly discovered witness will affect a conviction. Courts look closely at whether the testimony could make a meaningful difference. A witness who repeats information already presented is less likely to change the result. However, testimony that introduces important new facts may receive greater attention. This is especially true if it could affect the reliability of the original verdict.
What Oregon courts may consider
Oregon law allows people to seek post-conviction relief in certain situations under ORS 138.530. A newly discovered witness alone does not automatically qualify someone for relief. The witness's testimony typically needs to connect to a specific legal issue, such as a claim that trial counsel was ineffective for not finding the witness, or that the person's constitutional rights were otherwise violated, before a court will grant relief.
Factors that may influence the court include:
Whether the witness was truly unknown or unavailable during the original case
Whether reasonable efforts could have found the witness before trial
Whether the testimony provides new and significant information
Whether the testimony could reasonably affect confidence in the conviction
The court may also review the full record instead of looking at the new testimony by itself. That broader review often determines whether the case moves forward to a hearing.
Why timing and documentation matter
Post-conviction proceedings have filing requirements under ORS 138.510 and often depend on supporting records. Statements from the witness, court documents and other evidence may help explain why the testimony was not available earlier and why it could matter now. Careful preparation can make the issues clearer for the court.
New witnesses do not automatically overturn a conviction, but they can become an important part of a post-conviction case when their testimony raises real questions about the original verdict. Because these cases turn heavily on the specific facts, knowing what Oregon courts weigh can help someone decide whether pursuing post-conviction relief makes sense.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[What does accepting a plea deal mean for your legal options?]]>https://www.rsepplaw.com/?p=482162026-07-15T12:06:40Z2026-07-15T12:06:40ZTaking a plea deal often feels like the easiest way to resolve a criminal case. It may reduce charges, lower possible penalties or avoid the uncertainty of a trial. Even so, saying yes to a plea agreement can affect your future in ways that are not always obvious at first.
Before accepting any offer, it helps to know what rights you may be giving up. A guilty plea can limit your ability to challenge the conviction later, although some legal options may still exist under specific circumstances.
Looking beyond the immediate outcome
A plea deal usually ends the criminal case without a trial, but it may also bring lasting consequences. Depending on your situation, a conviction could affect:
Employment
Housing
Professional licenses
Immigration status
You may also give up certain appeal rights by pleading guilty. However, that does not always mean every future option disappears. If new evidence comes to light, your rights were violated or the plea was not entered voluntarily, post-conviction relief may still be available in limited situations.
When can you still challenge a conviction?
Although plea agreements are generally final, there are exceptions. You can seek further review if:
Your constitutional rights were violated
Important evidence was withheld
New evidence proves your innocence
You received ineffective legal representation
Your plea was not made with full consent
Each case is different, and the available options depend on the laws that apply and the facts of the case.Accepting a plea deal is an important decision that can shape your future long after the case ends. Taking time to understand the possible consequences and any remaining legal options is crucial. If you have concerns about your situation, seeking third-party help can enable you to make better choices that may still be available.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[When a defense or appeal lawyer has a conflict of interest]]>https://www.rsepplaw.com/?p=482152026-06-30T00:33:34Z2026-06-30T00:33:34ZWhat is a conflict of interest?
A conflict of interest occurs when a professional cannot be neutral or fulfill their responsibilities due to pre-existing relationships or personal circumstances. Defense attorneys need to provide accurate legal information to their clients and represent them to the best of their capabilities.
If a defense attorney has a private relationship with one of the alleged victims of a crime, that is a profound conflict of interest. Similarly, if they or someone close to them was a victim of a similar crime, they may not be able to adequately defend people facing specific types of charges. Other relationships, experiences and even financial interests can also compromise a lawyer's ability to advise and advocate for a criminal defendant or appellant.
Convicted defendants with documentation of a problematic conflict of interest might be eligible to request post-conviction relief. Reviewing the circumstances of the original trial or appeal with an attorney can help people evaluate their options.
]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Oregon removes time limit for PCR based on discredited science]]>https://www.rsepplaw.com/?p=482132026-06-18T20:18:02Z2026-06-18T20:18:02ZWith the advancements in analysis of DNA and other evidence in recent decades, it might seem impossible that courts would allow the use of “junk” science – or at least less-than-reliable science to be presented. Unfortunately, that hasn’t always been the case.
People have been wrongfully convicted of capital offenses and, in some cases, have been executed based on flawed forensic science. Witnesses presented as experts have testified with confidence about evidence since determined not to be as definitive as once believed.According to a study by The Innocence Project, nearly 30% of exonerations involved flawed forensic techniques and overstatements by experts of what the evidence showed. That percentage is 40% here in Oregon.Unfortunately, Oregon’s post-conviction relief (PCR) law has imposed a statute of limitations of just two years to file for relief if someone believes they’ve been wrongfully convicted. That changed this year when Gov. Tina Kotek signed legislation to amend the law.
What kind of discredited science does the law address?
That two-year statute of limitations no longer applies if the basis for seeking PCR is that certain types of discredited forensic science were used to convict someone. Specifically, it doesn’t apply “if the conviction was based in whole or in part on scientific expert testimony, scientific expert evidence or scientific expert opinion derived from the application of one or more of the following discredited forensic science disciplines:
(a) Hair microscopy;
(b) Bite mark analysis or bite mark comparison or
(c) Comparative bullet lead analysis.”
The law doesn’t change the statute of limitations for PCR based on other reasons. However, because it can take years or even decades to discover that a particular forensic technique or process isn’t as reliable as believed, this change gives the state a better chance to correct an error – and those wrongly convicted a greater opportunity to receive justice.If you or a loved one can benefit from this change in the law, it’s important to get experienced legal guidance as soon as possible.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Can a sealed record be opened again in Oregon?]]>https://www.rsepplaw.com/?p=482102026-06-06T21:17:13Z2026-06-06T21:17:13ZYes, it is possible for a sealed record to be opened. This has to be done by the court, which determines if the record should be unsealed. It is a rather rare practice, but it is technically possible and can happen under the right set of circumstances.One important thing to remember is that, even if the records are unsealed, this does not have any effect on the order overall. It just means that the record can be opened, often for a limited time, to view its contents. It does not change the arrest, conviction, citation or charge of the individual in question.
Assisting with an investigation
Those going through this process may wonder why a record would be unsealed, and it is often done if it may be beneficial during an ongoing investigation. This is explained by ORS 137.225, which states that:"Upon motion of any prosecutor or defendant in a case involving records sealed under this section, supported by affidavit showing good cause, the court with jurisdiction may order the reopening and disclosure of any records sealed under this section for the limited purpose of assisting the investigation of the movant."For instance, someone may find themselves facing criminal charges in the future for an unrelated reason, but the details of their original record may help to prove their innocence. Even though they are the defendant in the case, they may then provide good cause to unseal the records, present the correct affidavit and obtain an order from the court. This allows them access to the official information that they need, which can support their position, but it does not change the initial charge.Understanding how criminal records work and how they can affect your future is very important. When you are looking into your options for post-conviction relief or considering how those records may be affected in the future, it could be helpful to work with an experienced attorney.
]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[What DUI information can Oregon drivers seal or expunge?]]>https://www.rsepplaw.com/?p=482092026-05-27T00:02:17Z2026-05-27T00:02:17Zeligible for expungement?
Arrests and dismissed charges might be eligible
The expungement process in Oregon involves a formal request for the courts to set aside a prior conviction and seal the public records of the offense. Oregon's expungement and record sealing rules effectively prohibit the feeling of DUI convictions.
Those who plead guilty or get convicted at a trial do not have the option of expunging the records of their convictions. However, those arrested but not prosecuted could expunge the record of their arrest. Those charged with a DUI could expunge that charge record if the prosecutor dismissed the case or the courts acquitted them after a criminal trial.
The records maintained about the arrest and the unsuccessful charges may be eligible for sealing, which can help people qualify for opportunities that they might not otherwise have access to after a DUI arrest. Those with DUI convictions on their records could request post-conviction relief in cases where their legal representation was ineffective or their conviction was unconstitutional.
Reviewing the charges and other details about this kind of situation with an Oregon defense attorney familiar with post-conviction relief can help people evaluate their options. While expungement of a prior DUI conviction isn't possible, record sealing could be helpful for those who want to move forward.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Where should you file for post-conviction relief in Oregon?]]>https://www.rsepplaw.com/?p=482032026-05-12T02:04:08Z2026-05-12T02:04:08ZIf you are incarcerated
Being convicted may mean that you are currently incarcerated as you are looking into your PCR options. If so, then you file the petition in the county where you are being held. Your attorney can help you file the correct paperwork with the court, and it is this county court that has jurisdiction because that is where you are located at the time.
If you are not incarcerated
Even if you were convicted, you may not currently be imprisoned. Perhaps you face other ramifications, such as probation, house arrest and fines.
If so, then you typically file your PCR petition in the county where your sentence was handed down. This is the county court in which you were initially convicted. You may have learned of your sentence at an actual sentencing hearing at a later date, but this is still the court that has jurisdiction over your case. They will review your PCR petition.
Steps beyond filing the paperwork
Simply filing your PCR petition is just one of the first steps you will need to take. It is very important to know more about PCR in Oregon and whether you qualify. It’s smart to have an experienced attorney on your side as you move through the process.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Who may be present at a post-conviction relief hearing?]]>https://www.rsepplaw.com/?p=481962026-04-29T14:36:16Z2026-04-29T14:36:16ZThe hearing is open to the public
The attorney representing the party seeking post-conviction relief must prepare to present a compelling case to a judge. Additionally, they likely need to prepare for the possibility of the victims of the initial crime either showing up to testify by providing a witness impact statement or submitting a written document to the courts regarding the lasting impact of the crime.
The hearing is open to the public. Any interested parties, including numbers of the local media, could attend to hear the claims made by the defendant seeking relief and evaluate the response of the judge.
Those previously convicted in the Oregon courts may need to prepare themselves for scrutiny at the hearing requesting post-conviction relief. They likely need the guidance and advocacy of an attorney to not only weather the stress of the process but also present a compelling case that convinces the courts to grant post-conviction relief.
Understanding the process ahead can make it easier for those who may qualify for a sentence reduction or other post-conviction relief to make use of the legal systems in place for their benefit.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Asking for post-conviction relief to reduce a criminal sentence]]>https://www.rsepplaw.com/?p=481872026-04-11T12:13:27Z2026-04-11T12:13:27ZWhen is a sentence modification possible?
There are multiple scenarios in which a defendant could be eligible for a reduced sentence when they seek post-conviction relief. In some cases, an attorney can demonstrate that the sentence imposed does not align with Oregon state statutes. An inappropriately harsh sentence can constitute a violation of a defendant’s rights and make them eligible for relief.
Other times, dissent among jury members could help strengthen a claim to review and potentially reduce the sentence imposed. New evidence, including exculpatory evidence that could change how the courts view a defendant’s conduct or personal history, could also help justify a request for a reduced sentence. Finally, proof that the defendant did not receive adequate legal counsel during a trial could make them eligible for a reduced sentence.
Post-conviction relief can diminish the lasting impacts of a recent criminal conviction. Reviewing different options with a defense attorney can help those serving an Oregon sentence request appropriate relief via proper legal procedures.]]>