Robert L. Sepp, Attorney at LawRobert L. Sepp, Attorney at Law2026-10-01T03:31:57Zhttps://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[What qualifies as “newly discovered evidence” after a conviction?]]>https://www.rsepplaw.com/?p=482472026-09-29T03:33:25Z2026-10-01T03:31:57ZA 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 discovered evidence can provide grounds for seeking post-conviction relief.
What makes evidence newly discovered?
Evidence is not necessarily considered "newly discovered" simply because a defendant learns about it after conviction. Courts generally apply specific requirements when deciding whether new evidence is significant enough to justify reopening a criminal case.Examples of potentially significant newly discovered evidence can include:
New DNA or other forensic evidence
A previously unknown witness with material information
Evidence pointing to another person as the perpetrator
Records or physical evidence that were previously unavailable
A witness recanting important trial testimony
New information that substantially undermines critical evidence used to obtain the conviction
Discovering new information is only the beginning. Courts also consider whether the evidence is material and significant enough that it could have affected the outcome of the case. They may also look at whether the evidence could reasonably have been discovered earlier through the exercise of due diligence.That can require examining the new evidence alongside the evidence presented at trial. A powerful piece of forensic evidence contradicting the prosecution's theory, for example, may carry considerably more weight than another witness who simply repeats testimony the jury already heard.Timing matters as well. States have their own procedures and deadlines for presenting newly discovered evidence, and special rules or exceptions may apply in some circumstances.The central questions are how the evidence was discovered, whether it could reasonably have been found earlier and, most importantly, whether it is significant enough to cast doubt on the original result. An attorney who handles post-conviction relief can help you learn more.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[What if your attorney didn’t communicate a plea offer?]]>https://www.rsepplaw.com/?p=482442026-09-29T03:30:42Z2026-09-29T03:30:42ZA 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 grounds for post-conviction relief.
The right to effective assistance of counsel applies during plea negotiations. Defense attorneys generally have a legal duty to convey formal plea offers from prosecutors, particularly when an offer could result in a lesser charge or sentence. A lawyer who lets a favorable offer expire without telling their client may have, in fact, been ineffective.
Failure to communicate the offer is only part of the claim
In Missouri v. Frye, the U.S. Supreme Court addressed a situation in which an attorney didn’t inform his client about plea offers before they expired. The Court held that defendants hopeful for relief via this type of ineffective-assistance claim must generally show that it was likely that:
They would have taken the plea if they’d known about it
The prosecution would have stood firm on the offer
The court would have accepted the agreement (if approval was required)
The result for the defendant would have been better than they received at trial
That last part can be really important. A defendant might have gone to trial and received a substantially longer sentence, for example, or eventually pleaded guilty under less favorable terms.
Evidence can become critical
Post-conviction cases involving an uncommunicated plea offer often require looking beyond the record of the original criminal proceedings. Emails, letters, prosecutor records, notes from defense counsel and testimony from the people involved may help establish that an offer existed and what its terms were.Post-conviction relief can help address constitutional violations that may not become apparent until after the criminal case is over. ]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[What does it mean when a conviction is overturned?]]>https://www.rsepplaw.com/?p=482332026-09-16T14:10:59Z2026-09-17T14:05:56ZWhen 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 with the original case.
However, an overturned conviction doesn’t necessarily mean the case is finished or that the defendant walks free. What happens next depends on why the conviction was reversed and what the appellate court instructed.
What happens after a reversal?
Convictions may be reversed for all kinds of reasons, including the ineffective assistance of counsel, Brady violations involving exculpatory evidence that was withheld, incorrect jury instructions and juror or prosecutorial misconduct, among others. In rare cases, the appellate court may find that the prosecution did not have the legally requisite evidence to prove the defendant’s guilt and the case will be thrown out. In those situations, double jeopardy may attach, and the case cannot be retried for the same offense.In other cases, the higher court may send the case back (or “remand”) to the trial court because the original trial was found to be defective for some reason. In that situation, the prosecution must decide if they will retry the case. While they often do, there are times where the charges may be dropped due to weakened evidence, missing or forgetful witnesses or because the defendant has already served a sufficient portion of the likely sentence. Obtaining a reversal via an appeal is only the first step of the post-conviction relief process, but it is a critical one. Speaking with an experienced attorney can help you evaluate your options and find the best approach.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[Can an attorney’s use of AI equal ineffective assistance?]]>https://www.rsepplaw.com/?p=482342026-09-16T14:08:40Z2026-09-16T14:08:40ZArtificial 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 inherently wrong with that – but attorneys are still responsible for checking every fact, reference and argument before submitting arguments and filings to the court.
It doesn’t always work that way, however. For example, a New Mexico defense attorney was recently penalized after he submitted an appeal in a murder case that had been enhanced via ChatGPT. The brief included fabricated testimony, nonexistent witnesses and other inaccuracies – all of which escaped the attorney’s notice. Similar problems have begun occurring so often that one justice called the issue of misused AI an “epidemic.”
When do AI mistakes become ineffective assistance of counsel?
Not every mistake (AI-generated or not) by a criminal defense attorney rises to the level of ineffective assistance of counsel. Generally speaking, you would still have to show that your attorney’s performance dipped below the expected standard of care from a reasonably capable attorney and that their actions most likely harmed your case. Common AI-related problems include:
Citing cases, testimony or evidence that does not exist (AI “hallucinations”)
Misstating what a court decision says
Overlooking important information in the record
Failing to raise a valid defense or appellate issue
Allowing a filing deadline to expire
Giving a client incorrect advice about a plea
The seriousness of the mistake matters. A fabricated citation that has no effect on the court’s decision may not justify relief. A false summary that causes the court to reject a strong argument to suppress evidence could be another matter entirely.AI can be useful, but it is no substitute for experience and skill, and it has dangerous flaws. If you believe your previous attorney’s use of AI led to a negative outcome at your plea, trial or appeal, it may be time to speak to a new attorney who handles post-conviction relief. They can examine the original record and the prior attorney’s work.
]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[What does it mean when a post-conviction claim is waived?]]>https://www.rsepplaw.com/?p=482312026-09-03T18:25:59Z2026-09-03T18:25:59Zstill lose the opportunity to pursue it because the issue was not raised at trial, on direct appeal or in an earlier post-conviction relief motion.
Why are claims considered waived in the first place?
Ultimately, the courts impose waiver rules in post-conviction relief cases for the sake of judicial efficiency and to ensure finality in criminal judgments. This prevents endless litigation and strategic delays, as well as the waste of public resources. In general, the courts expect defendants to raise known issues at the earliest opportunity. A claim may be considered waived by the court when a defendant or their counsel:
Failed to object to an issue during trial
Could have raised the issue on direct appeal but did not
Failed to include the claim in an earlier post-conviction relief petition
Knowingly gave up a particular right or claim
A waived issue does not always end the inquiry. For example, a person may argue that trial or appellate counsel provided ineffective assistance by failing to recognize and raise the issue. In that situation, the post-conviction claim focuses on counsel’s performance and whether the failure prejudiced the defendant.
If there was an issue with your trial that you feel needs to be addressed, talk to a post-conviction relief attorney to determine whether the issue was never raised, raised incorrectly or already resolved. That can inform your next steps and future strategy.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[What are your job options if you have a criminal record? ]]>https://www.rsepplaw.com/?p=482282026-09-01T15:18:26Z2026-09-01T15:18:26ZA 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 a job can help you understand your employment options. Here is what you should know:
How a criminal record impacts employment
Depending on your work experience and qualifications, you may find work in construction, manufacturing, transportation, food service, and skilled trades even with a criminal record. Employers may run a background check before hiring you. This can make it difficult to be hired if an employer hires another candidate. However, Oregon has a “ban the box” law that protects workers from discrimination based on their criminal record. This law allows potential employees to demonstrate their qualifications before their criminal history is checked.
Record sealing and expungement options
Another way to pursue work with a criminal history is to seek expungement. Record sealing and expungement can allow you to file for employment without your criminal record impacting a background check. Dismissals, acquitals, arrests with no charges, many misdemeanor offenses and even some felonies (after a specific waiting period) may all be eligible for expunction. It is important to learn about your post-conviction relief options. Professional legal guidance can help.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[3 elements of a Brady violation]]>https://www.rsepplaw.com/?p=482242026-08-27T18:45:56Z2026-08-27T18:45:56ZBrady v. Maryland, and it is commonly cited in appeals.
The prosecution violates a defendant’s due process rights when it suppresses evidence that is favorable to the defense and relevant to the determination of a defendant’s guilt or punishment.
What factors make a Brady violation?
Discovering undisclosed evidence in a case does not automatically mean a court will overturn a conviction. Instead, a defendant has to show three things:
There was evidence that was favorable to the defense.
The prosecution or police suppressed the evidence.
There’s a strong chance that the case would have had a different outcome if the evidence had been properly disclosed.
A Brady violation does not depend on proof that the prosecutor deliberately concealed evidence. Evidence may be considered suppressed whether the failure to disclose it was intentional or accidental. Prosecutors have a legal duty to look for all the evidence in a case. They can’t use ignorance as a shield if, for example, the police failed to pass on information about exculpatory statements from a witness.
It’s important to remember that post-conviction relief claims can be subject to strict deadlines and procedural rules. Anyone who learns that favorable evidence may have been withheld in their case should speak with a post-conviction relief attorney as soon as possible.]]>On Behalf of Robert L. Sepp, Attorney at Law<![CDATA[What qualifies as ineffective assistance of counsel?]]>https://www.rsepplaw.com/?p=482232026-08-27T18:38:21Z2026-08-27T18:38:21ZThe two parts of an ineffective assistance of counsel claim
Under the test established by the U.S. Supreme Court in Strickland v. Washington, to successfully raise a claim of ineffective counsel upon appeal, a defendant generally must show two things:
Deficient representation: The attorney’s performance of their role fell below an “objective standard of reasonableness” when viewed in totality. This means that the quality of their work was below the standard expected of a reasonably competent lawyer.
Resulting prejudice: There is a reasonable probability that the end result for the defendant would have been different had the attorney not made certain errors. In general, that means the trial was unfair.
Even if an attorney’s tactics were unsuccessful, that doesn’t mean their representation was deficient. A well-reasoned strategy is still a sound choice, even if it doesn’t work out or another attorney would have taken a different approach.
The type of attorney conduct that could support a claim
Depending on the facts of the case, an attorney may be guilty of ineffective assistance of counsel could include things like:
A failure to investigate the defendant’s alibi, interview important witnesses or properly review all of the physical or forensic evidence in the case
Failure to file appropriate motions to suppress unlawfully obtained evidence, such as that obtained via unconstitutional searches
Not communicating a plea offer to the defendant or advising them to accept or reject a plea based on incorrect legal information or without explaining the consequence
Conducting the case while they are impaired due to drugs or alcohol or while suffering from a mental or physical illness that affects their judgment and competency
An attorney’s mistake must be evaluated in the context of the entire case. Failing to call a witness, for example, may be reasonable if the witness would have created additional problems for the defense. It may be deficient representation, however, if the attorney never investigated a credible witness whose testimony could have changed the outcome of the trial.
If you believe that your case suffered due to the ineffective assistance of counsel, speaking with a skilled attorney can help you better understand your options for post-conviction relief.]]>On 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.]]>