Bertrand v. Brown Remanded for Reconsideration

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.