Appeal Level Work Tools
So you, or someone you know,
is appealing their conviction(s) and/or sentence(s)
We’ re sorry to hear that they are in this situation
but you all are not alone. We can help!
The biggest problem you’re likely facing is the lack of legal knowledge and information. Oregon’s appeal “system” is a mine-field of procedural hurdle and hoops that must be navigated in a very specific way or Constitutional Rights are lost.
We here at OLMEP.org are experienced in Oregon’s appellate system in all it’s many stages. We can help!
Let’s get started!
“HOW TO WIN YOUR OREGON APPEAL”
We have created an incredible one of a kind workbook series for those facing charges in Oregon
Let’s take a look at the value you’re getting with the 7 workbook set (nearly 1000 pages) that are customized to each individual:
VOLUME A:
NAVIGATING YOUR DIRECT APPEAL
The first step in your appellate journey is called the “Direct Appeal”. That’s where Oregon’s Court of Appeals is supposed to unbiasly evaluate your conviction to ensure there was no judicial errors that require a remand (being sent back to the county circuit court). Volume A will take your step-by-step through this process including:
– You’ll be asked to confront the obstacles that stand in your way from success in the appellate process.
– You’ll need to organize your support team of friends, legal help and family- You’ll learn about the preliminary issues that affect the process including:
o Synopsis of Oregon law
o A discussion on understanding case law
o Time limitations explained
o Factual development of your claims
o Tolling explained
o Exhaustion requirements explained
o Procedural defaults reviewed
o Augmenting your personal library
o Getting your criminal case file
o Acquiring a copy of your trial transcripts
o Common traps and pitfalls
MUCH, MUCH MORE…
The direct appeal process reviewed including:
* Filing your Notice of Appeal
* Direct appeal timelines – what you can rationally expect
* Acquiring, motivating and working with your appointed counsel
* Raiseable direct appeal issues
* Your Appellant’s Brief
* Your optional Pro Se’ Supplemental Brief
* The State’s Respondent’s Brief
* Oral arguments
* Decision
* Your options if the decision goes against you:
Request for Review by Oregon’s Supreme Court including:
· Timelines and processes explained
· Your appointed counsel’s role and duties
· The “Petition for Review”
· Your optional Pro Se’ Supplemental Petition for Review
· The Oregon’s Supreme Court decision
· Your options if the decision goes against you
VOLUME B: STEERING YOUR POST-CONVICTION RELIEF (PCR)
The next step in the process is called Post-Conviction Relief (PCR). This is where you are required to take the steering wheel and prosecute this civil aspect of Oregon’s appellate process. It sounds really complicated and we promise you that it is.
But fear not, Volume B: “Steering Your Post Conviction Relief” guides you step-by-step through this process. Bite-sized pieces include:
· The PCR timelines and process explained
· How to raise viable and winnable PCR issues that can win at PCR:
* Trial counsel: Ineffective assistance of counsel claims explained
*Appellate counsel: Ineffective assistance claims explained
Evaluating your sentence(s)
· A PCR Petition template is provided for your use
· Acquiring, motivating and working with appointed PCR counsel
· The PCR discovery process explained
· The requirements for written legal filings (memorandums, etc.)
· A guide on how to prove your PCR issues
· Your PCR trial (AKA Hearing) and subsequent judgment
· The need to challenge an improper PCR Court’s ruling
· Your options if your PCR is improperly denied
VOLUME C:
APPEALING IMPROPER PCR RULING
Now you’ll find yourself once more heading to Oregon’s higher courts. You’ll need to Direct Appeal your PCR Court’s Ruling in the Court of Appeals and then request review from Oregon’s Supreme Court once again to ensure all your issues are preserved for federal review.
New to the process is you crated the issues that you will now bring to Oregon’s Higher Courts. You must work with your attorney to ensure they are properly raised and federalized (quoting U.S. Constitutional Rights via Amendments or caselaw)
This workbook also contains an entire copy of “Oregon Appellate Style Manual”. That’s 132 pages of what Oregon’s higher courts expects attorneys and brief writers to follow. This exhaustive manual can be used for your direct appeal of your conviction as well. (See Workbook B). It’s a valuable tool to ensure you’re doing all you can to create well-crafted motions and petitions.
VOLUME D: PURSUIT OF RELIEF IN THE FEDERAL COURTS
Once you have fully exhausted (use all the appellate options open to you in the Oregon appellate system) then you can file your claims in the Federal Court System. This is called a “Petition for a Writ of Habeas Corpus in the U.S. District Court for the district of Oregon” (28 U.S.C. sec. 2254). This filing must be done correctly, or you may lose the opportunity to raise some issues at the federal level. This workbook covers topics including:
· Habeas Corpus timelines and procedures explained
· How to properly fill out your Petition for Writ of Habeas Corpus to ensure you qualify for all rights possible
· Applying for “Forma Pauperis” if you don’t have significant assets and need appointed counsel.
· How counsel may, or may not be appointed by the court, and what to do if they won’t appoint counsel.
· The multiple Habeas Corpus rulings
· Your options when the Habeas Corpus is decided.
EXTRA BOOK: HOW TO WORK WITH AND MOTIVATE APPOINTED COUNSEL
The average public defender in Oregon is overburdened with cases and underpaid compared to their counterparts in the DA’s office. We here at OLMEP.org understand the absolute need to work with your attorney on all fronts raised throughout the workbooks. We provide strategies and suggestions on how to successfully work with your attorney. Unfortunately, sometimes those action plans fail and their arises a need to take further action. This book includes:
· Tried and true options and strategies to work with your attorney
· How to file Church v. Gladden Motions
· Meeting your attorney action plan worksheets to maximize your attorney interactions
· A 300-work legal dictionary
JOURNALS
As we discuss many times throughout our workbooks the need to journal many things. This is important for case preparation, keeping current with events at home and mostly for sanity reasons by keeping physically fit and mentally well grounded.
Each journal is 100 pages (50 pages double sided) in a convenient size for use on the yard or on the phones. Journals include: