Post-Conviction Relief Appeals
Post-conviction relief (PCR) proceedings are civil proceedings by which any person who has been convicted of a felony or misdemeanor may challenge the lawfulness of their criminal conviction. PCR proceedings are initiated when a convicted defendant files a PCR petition. If the petitioner has sufficient funds to retain counsel, the petition can be filed through counsel. If the petitioner is indigent (unable to afford counsel) they must initiate the proceeding pro se, by filing a petition and a motion for appointment of counsel. The court shall appoint counsel if it finds the petitioner has insufficient funds to retain counsel. As a general rule, there is a two-year statute of limitations for initiating a post-conviction proceeding. ORS 138.510(3). However, there is an exception if the claim “could not reasonably have been raised at an earlier time.” Id.
Petitioners may raise factual and legal issues that were not, or could not have been, raised at trial or on direct appeal. ORS 138.530. A common claim is that a petitioner was denied the effective assistance of either trial or appellate counsel in the criminal proceedings leading to their conviction. A court may grant relief in the form of a new trial, modification of a sentence, release, or any other relief “as may be proper and just.” ORS 138.520.
If you are unable to afford counsel and would like to pursue post-conviction relief, you should contact the Oregon Post-conviction consortium at 503-991-5464. That is the group of attorneys that the court appoints as counsel if a petitioner is found indigent (unable to retain counsel).
If a petitioner is denied post-conviction relief, they may appeal their judgment. Equal Justice Law is the firm that the Court of Appeals appoints if a petitioner is indigent and in need of counsel on appeal. On appeal, a petitioner may bring legal challenges to the rulings of the post-conviction court. In general, a petitioner may not challenge the court’s factual findings if there is evidence in the record supporting the findings. A petitioner also may not offer new evidence on appeal. Each party makes their legal argument by writing and filing a legal document, called a “brief,” in the Court of Appeals. The parties also have the option of orally arguing the case to the Court of Appeals. The court then reviews the briefs and decides the case. The PCR appeal is generally the final opportunity for a defendant to challenge their criminal conviction in state court. Equal Justice Law represents indigent petitioners on appeal.
If a petitioner wishes to seek federal habeas corpus relief, they must appeal their case all the way through the Oregon Supreme Court to a final Judgment. That process is necessary to exhaust all available state remedies before pursuing federal habeas corpus. For information on federal habeas corpus please contact the Federal Public Defender in Oregon: https://or.fd.org/office-public-defender-district-oregon