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I waived jury trial and wish I wouldn't have but.. What is an appeal? Is the a ruling based on the trial I had? Who reviews the trial and is it either dismissed or will they decide whether to go to another trial? Can I ask for a specific judge to review it or is it sent to a higher court? This was in Douglas County Oregon. Aug. 9 2007. Please all help is very much appreciated but yours truly.

2007-08-25 01:34:10 · 3 answers · asked by k_hutch_66 1 in Politics & Government Law & Ethics

If anyone reading this is interested in my case I will be getting the court transcript soon. Email me and I would love to share. Hopefully I could use a lawyers advice, I bet it's hard to prove a judge did something wrong but he did and I can prove it. Should I try? I wasn't a felon until age 41. This really is going to be a hard one to swallow. I truly am innocent. I'm sure a lot of people say that. If I'm lying I'm dying. I'm serious...

2007-08-25 01:53:43 · update #1

If anyone reading this is interested in my case I will be getting the court transcript soon. Email me and I would love to share. Hopefully I could use a lawyers advice, I bet it's hard to prove a judge did something wrong but he did and I can prove it. Should I try? I wasn't a felon until age 41. This really is going to be a hard one to swallow. I truly am innocent. I'm sure a lot of people say that. If I'm lying I'm dying. I'm serious...

2007-08-25 01:58:59 · update #2

3 answers

If you appeal a sentence, the case is sent to Appellate Court, where it will be reviewed and either upheld or overturned.
An opinion regarding the case will be written to support their findings.
No - you cannot pick the judge.
This website explains the courts in your state and the process:
http://www.ojd.state.or.us/courts/index.htm

2007-08-25 01:49:40 · answer #1 · answered by CGIV76 7 · 1 0

It will be heard by an Oregon Court of Appeals. This is a group of three or more judges who review cases already decided by trial courts.

However, you will need some basis on which to appeal (besides the fact that you don't like the outcome). Inadequate or incompetent defense counsel, procedural improprieties on the part of the prosecution, evidence that should have been excluded, or some other substantial reason why the case should be reviewed.

The Court will have the option to affirm the previous ruling, overturn the previous ruling, or order a new trial based on the information presented to them.

2007-08-25 01:46:44 · answer #2 · answered by Citicop 7 · 0 0

An appeal in any area goes to the appeals court who has jurisdiction over that location, it normally is a 3 judge panel.

They rule STRICTLY on what is contained in the original proceedings, by the transcript, you cannot introduce new evidence or facts at appeal level. You also have no say in who sees it, or if they will even really review it, they can decline it without comment. (Which happens a lot.)

VERY FEW appeals are heard, and the ones that are normally aren't ruled in favor of the defendant. Just want to prepare you for that, your odds on having a conviction reversed are really slim. You also won't hear anything about it for about a year, or sometimes two, depending on the appeals court workload.

2007-08-25 01:46:24 · answer #3 · answered by Anonymous · 0 0

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