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YOUR RIGHTS REGARDING APPEALS/POST CONVICTION RELIEF
*On Appeal, Court of Appeals Reversed Conviction and 33 year Measure 11 Sentence in State v Kelly, read the Court opinion here http://www.publications.ojd.state.or.us/A139810.htmRecent Successful Appeal by the Law office of Raymond Tindell:
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Recent Appeal win reported and quoted "The Oregonian"
http://www.oregonlive.com/hillsboro/index.ssf/2012/03/hillsboro_woman_says_she_was_s.html
Read this interesting Appeal Decision from Court of Appeals:
http://www.publications.ojd.state.or.us/Publications/A142110.pdf
An another appeal win overturning 30 year conviction in Measure 11 case:
http://www.publications.ojd.state.or.us/Publications/A139810.htm
The best results are obtained with efforts to have superior knowledge of the case.
The best possible outcome for the client is always pursued.
Just because the paperwork says "Final Judgment" does not necessarily mean that there is nowhere else to turn for relief from that Judgment
THE LAW OFFICES OF RAYMOND TINDELL handles Civil and Criminal Appeals from Judgments, and challenges Criminal Judgments in a collateral attack of the Judgment called Petition for Post Conviction Relief, applying principles of Oregon and United States Constitutional Law
THE LAW OFFICES OF RAYMOND TINDELL handles Civil and Criminal Appeals from Judgments, and challenges Criminal Judgments in a collateral attack of the Judgment called Petition for Post Conviction Relief, applying principles of Oregon and United States Constitutional Law
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THE LAW OFFICES OF RAYMOND TINDELL ARE NOW CERTIFIED BY OREGON SUPREME COURT AND COURT OF APPEALS TO eFILE DOCUMENTS WITH THESE COURTS
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DIRECT APPEALS: In any prosecution which results in a Judgment of Conviction rendered against an individual, in Oregon, the defendnat has an automatic right to appeal to the Oregon Court of Appeals. This is called a "Direct Appeal". Time lines are critical here because Notice of Appeal is required to be filed within 30 days from date of Entry of the Judgment. The Notice must be in the proper form or could be disallowed by the Court of Appeals, After Notice is filed, a transcript and record for the appeal are prepared and designated, and this designation is important because the Appeal is limited to the "Record" at the trial level, including Transcripts of Hearings, Exhibits presented by the Parties, and Legal Pleadings filed by the Attorneys in a case. The Appeal of any Judgment in Oregon Circuit Courts is heard in Salem, by a 3 Judge panel and not in the County for which the Judgment was rendered, which can be good because it is more difficult to overturn a Judgment directly in the County where the Judgment was obtained. After the Record has been established the Appellate lawyer will file an "Appellant's Brief", which brings forth issues in the form of alleged errors made at the trial court level, either procedurally (ie., not following proper rules and guidelines) or substantively (alleged errors made by the facts as allowed into evidence as applied to the law). Issues on this direct appeal include challenging the legality of any pre-trial rulings including Motions to Suppress the Evidence, Evidentiary rulings at any trial in the case, and any issues that can be reasied regarding pronouncement of judgment or sentencing. The State in a criminal appeal is usually represented at the Appellate level by the Oregon Attorney General's office, and they will file a responding brief which will address the issues raised by the Appellant. After the briefs are filed by both sides, and any allowed Reply Brief, the case is then considered "at issue" and, if the defendant has an attorney, will be set on the Docket for Oral Argument, which are usually held at the Oregon Supreme Court Building. The Court of Appeals will make a ruling by written opinion. The defendant then can seek review to the Oregon Supreme Court, although this review is discretionary.
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POST CONVICTION RELIEF: If the appeal is denied, or no appeal was taken, the accused can also challenge the conviction on the basis that there was a Constitutional violation to the Proceedings at the trial court level, most typically the allegations are that the attorney for the accused failed to provide adequate assistance of counsel either by failing to present evidence that would have changed the outcome of the case or failing to assert proper Motions in the case prior to any trial, lack of proper investigation, inadequate or incompetent advice depriving the accused of rights to be apprised of the nature and consequences of the proceedings such that the accused was denied due process rights to a fair trial and equal protection of the laws, pursuant to Oregon Constitution, Article 1, Sections 9, 10, 11, 13, 10 and US Constitution Amendments 5, 6 14. The Post Conviction Court has a number of remedies available when post conviction relief is granted. ORS 138.520 states that the relief which a court may grant shall include release, new trial, modification of sentence, "and such other relief as may be proper and just". This provision gives the creative lawyer lattitude to make certain recommendations to the Court for relief at the Post Conviction level to the fit the facts and circumstances of a case, and to the extent that the Constitutional rights of the accused are preserved and maintained. General, Post Conviction Relief actions must be commenced within 2 years of conviction, however, also to be considered is a potential Federal Habeas Corpus action in US District Court. Generally, to do this requires the accused to exhaust his remedies at the State Court level for a State Conviction, and only has 1 year to file this in Federal Court, not counting the time that any direct appeal or Post Conviction Case is Pending.
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The Law office of Raymond Tindell, Aggressive Legal Services Eastside, has been successful in Appeals, Post Conviction Relief cases, and in Modifying sentences that were unjust. The procedures are technical and involved and rely upon the facts and circumstances of each individual case. If you have any questions regarding you rights regarding any of these proceedings give the Law Office of Raymond Tindell a call for an initial case evaluation.
RAYMOND TINDELL, Attorney at Law
1122 NE 122nd Ave, Ste B211
Portland, OR 97230
(503)257-9268
raypdxlaw@gmail.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DIRECT APPEALS: In any prosecution which results in a Judgment of Conviction rendered against an individual, in Oregon, the defendnat has an automatic right to appeal to the Oregon Court of Appeals. This is called a "Direct Appeal". Time lines are critical here because Notice of Appeal is required to be filed within 30 days from date of Entry of the Judgment. The Notice must be in the proper form or could be disallowed by the Court of Appeals, After Notice is filed, a transcript and record for the appeal are prepared and designated, and this designation is important because the Appeal is limited to the "Record" at the trial level, including Transcripts of Hearings, Exhibits presented by the Parties, and Legal Pleadings filed by the Attorneys in a case. The Appeal of any Judgment in Oregon Circuit Courts is heard in Salem, by a 3 Judge panel and not in the County for which the Judgment was rendered, which can be good because it is more difficult to overturn a Judgment directly in the County where the Judgment was obtained. After the Record has been established the Appellate lawyer will file an "Appellant's Brief", which brings forth issues in the form of alleged errors made at the trial court level, either procedurally (ie., not following proper rules and guidelines) or substantively (alleged errors made by the facts as allowed into evidence as applied to the law). Issues on this direct appeal include challenging the legality of any pre-trial rulings including Motions to Suppress the Evidence, Evidentiary rulings at any trial in the case, and any issues that can be reasied regarding pronouncement of judgment or sentencing. The State in a criminal appeal is usually represented at the Appellate level by the Oregon Attorney General's office, and they will file a responding brief which will address the issues raised by the Appellant. After the briefs are filed by both sides, and any allowed Reply Brief, the case is then considered "at issue" and, if the defendant has an attorney, will be set on the Docket for Oral Argument, which are usually held at the Oregon Supreme Court Building. The Court of Appeals will make a ruling by written opinion. The defendant then can seek review to the Oregon Supreme Court, although this review is discretionary.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
POST CONVICTION RELIEF: If the appeal is denied, or no appeal was taken, the accused can also challenge the conviction on the basis that there was a Constitutional violation to the Proceedings at the trial court level, most typically the allegations are that the attorney for the accused failed to provide adequate assistance of counsel either by failing to present evidence that would have changed the outcome of the case or failing to assert proper Motions in the case prior to any trial, lack of proper investigation, inadequate or incompetent advice depriving the accused of rights to be apprised of the nature and consequences of the proceedings such that the accused was denied due process rights to a fair trial and equal protection of the laws, pursuant to Oregon Constitution, Article 1, Sections 9, 10, 11, 13, 10 and US Constitution Amendments 5, 6 14. The Post Conviction Court has a number of remedies available when post conviction relief is granted. ORS 138.520 states that the relief which a court may grant shall include release, new trial, modification of sentence, "and such other relief as may be proper and just". This provision gives the creative lawyer lattitude to make certain recommendations to the Court for relief at the Post Conviction level to the fit the facts and circumstances of a case, and to the extent that the Constitutional rights of the accused are preserved and maintained. General, Post Conviction Relief actions must be commenced within 2 years of conviction, however, also to be considered is a potential Federal Habeas Corpus action in US District Court. Generally, to do this requires the accused to exhaust his remedies at the State Court level for a State Conviction, and only has 1 year to file this in Federal Court, not counting the time that any direct appeal or Post Conviction Case is Pending.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Law office of Raymond Tindell, Aggressive Legal Services Eastside, has been successful in Appeals, Post Conviction Relief cases, and in Modifying sentences that were unjust. The procedures are technical and involved and rely upon the facts and circumstances of each individual case. If you have any questions regarding you rights regarding any of these proceedings give the Law Office of Raymond Tindell a call for an initial case evaluation.
RAYMOND TINDELL, Attorney at Law
1122 NE 122nd Ave, Ste B211
Portland, OR 97230
(503)257-9268
raypdxlaw@gmail.com
