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On May 7, 2024, the Court of Appeals granted a joint motion to vacate the judgment and remand for reconsideration in Bertrand v. Brown, case number A180757. Petitioner argued that her trial counsel was ineffective for failing to move for judgment of acquittal on the delivery charge three months before State v. Hubbell, 371 Or 340, 537 P3d 503 (2023) overturned State v. Boyd, 92 Or App 51, 756 P2d 1276 (1988), rev den, 307 Or 77 (1998) and changed the law of delivery so that petitioner’s actions no longer constitute a crime. At the time of petitioner’s criminal trial, though it occurred before Hubbell was decided, multiple Court of Appeals opinions suggested that Boyd was on shaky ground. This case indicates there are some circumstances where a trial counsel exercising reasonable professional skill and judgment must anticipate changes in the law and preserve issues for appeal. Corbin Brooks was Bertrand’s post-conviction appellate counsel.

Senior Associate Attorney Jedediah Peterson argued a case before the Oregon Supreme Court that addressed the authority of a trial court to allow credit for time served. The question in State ex rel. Torres-Lopez v. Fahrion (S071194) is whether a trial court can order credit for time served on a sentence when the adult in custody has already received credit for that time on another sentence. Oral argument was held on February 27, 2025.

On July 6, 2023, the Oregon Court of Appeals held, for the first time, that a post-conviction case is not moot even when the entire sentence has been served because the petitioner must first win their case before, they can sue their criminal defense attorney for malpractice. Gwynne v. Myers, 331 Or App 561, 563 n 1, 546 P3d 918, rev den, 372 Or 763 (2024). The state recognized the significance of this win and asked the Oregon Supreme Court to allow review and reverse. Fortunately, the Oregon Supreme Court denied review so this case is now controlling throughout Oregon. Jason Weber, was Gwynne’s post-conviction appellate counsel.

On January 16, 2025, the Oregon Supreme Court allowed review in Nelson v. Cain, 334 Or App 326, 556 P3d 1 (2024), rev allowed, 373 Or 212 (2025). The Court of Appeals acknowledged that it is a violation of both the state and federal constitutions for a criminal defendant to be viewed by jurors while shackled in a courtroom without any finding that the criminal defendant was dangerous or posed an escape risk.

Ryan O’Connor, former Co-Executive Director at Equal Justice Law was sworn in as a Judge for the Oregon Court of Appeals March 31, 2025. Ryan O’Connor fills the position previously held by Josephine Mooney.

Cellblocks to Mountaintops is a series that shares the story of our former client, Sterling Cunio, and his remarkable journey from a 16-year-old convicted of two counts of aggravated murder in 1994 to a rehabilitated man whose intelligence, compassion, and art help so many.