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.