Appeals And Post-Conviction Relief
If you were unfairly convicted of a crime because of errors in your trial, you may have grounds to appeal that conviction. If you have already lost your appeal, there may still be ways to attack your conviction through the state post-conviction process or the federal habeas corpus process.
Levine & McHenry LLC has extensive experience in appellate and post-conviction law. Our Portland law firm handles appeals and post-conviction relief in state and federal courts throughout Oregon. We offer a free initial consultation, and we welcome inquiries and referrals from other attorneys.
Were You Denied Justice or Unfairly Punished?
Appeals and post-conviction cases require proficiency with the law, keen legal research, in-depth understanding of court procedure, an eye for detail in examining the trial record, and a knack for crafting written briefs and oral arguments. Our attorneys possess these skills and have obtained notable results in Oregon’s highest courts.
- Appeals — Our attorneys appeal convictions, sentences, court orders, and administrative decisions. We identify specific errors at the trial court level, such as improperly-admitted evidence, excluded testimony, erroneous jury instructions, or prosecutorial misconduct. Our attorneys have argued before all Oregon appellate courts, the United States Court of Appeals for the Ninth Circuit, and the United States Supreme Court.
- Post-conviction relief — If an appellate court upholds the trial verdict, you may have other grounds to challenge a conviction. We have won reversals and new trials for our clients based on ineffective assistance of counsel by the original defense lawyer and other grounds, such as constitutional violations by police, or coercion of a confession or guilty plea from a person in a vulnerable mental state. Relying on the United States Supreme Court’s landmark decision in Ramos v. Louisiana, our lawyers have successfully obtained reversals for clients that were convicted by non-unanimous juries across Oregon. Following the Oregon Supreme Court’s decision in Watkins v. Ackley, many Oregonians with older convictions may now be eligible for relief.
- Expungements and clemency — Some misdemeanor or felony convictions are eligible to be expunged under applicable state and federal laws. Our attorneys will work with you to “clean the slate” so that your conviction or arrest record does not hamper your future. In addition, our lawyers can draft and file requests for executive clemency (including pardons and commutations) in appropriate cases.
At trial, we are always looking ahead and raising issues on the record that might later be mitigating factors at sentencing or the foundation for appeals. We will explore every avenue to challenge an adverse outcome and give our honest assessment of your chances at each stage of the legal process.
If you believe you have grounds to appeal, overturn your conviction, or alter your sentence, contact Levine & McHenry. In your free consultation and throughout your appeal or post-conviction relief case, you will work directly with one or more of our lawyers.