Supreme Court: 1; 6th Amendment: 0

Earlier today, in Shinn v. Ramirez, the justice of the Supreme Court shared their thoughts about the 6th Amendment right to effective assistance of counsel. “Not really that big of deal,” wrote Thomas. “It’s like the biblical prohibition against eating owls,” added Alito, in an apparent reference to Leviticus 11:13-17, pausing to take a bite… Read More

Can I get my sentence reduced now that Senate Bill 819 is in effect?

As of January 1, 2022, some people who are currently serving time in Oregon state prisons will be able to formally petition their original DA’s offices for sentence reductions. Every DA’s office will be handling these requests differently, but here in Lane County, they have just issued a POLICY Here is a summary:  WHO SHOULD APPLY: People who have been convicted of drug crimes, especially possession and/or marijuana-related crimes, property offenses, and other non-violent felonies who got unusually long sentences and who have already… Read More

Disability vs. Personality

In State v. Craigen 296 Or App 772 (March 27, 2019), the Court of Appeals held that the trial Court had erred when it determined that evidence of defendant’s depression and brain injury could not be considered in connection with defendant’s EED (Extreme Emotional Disturbance) defense. Under Oregon case law, a defendant’s “personal characteristics” are… Read More