Appeals

Oregon Appeals: Two common grounds for appeal are: (1) a misapplication of the law (mistake of law) or (2) a factual conclusion that isn't supported by the evidence (mistake of fact). Here's what I mean.

Mistake of Fact.

Let's say it's illegal to sell liquor on Sunday and all of the evidence showed that liquor was sold on Friday. The judge goes ahead and convicts because he finds, despite all of the evidence to the contrary, that liquor was sold on Sunday. The appellate courts would reverse the conviction because the evidence doesn't support that factual conclusion.

Mistake of Law.

Same case, but this time the judge finds, unlike the first example, as a matter of fact, all of the liquor was sold on Friday. He then misapplies the law and finds that Sunday liquor laws apply to Friday sales too. That's reversible error because he misinterpreted the law. The appellate courts would reverse the conviction.

How an appeal is handled.

I begin the appeal process by filing a Notice of Appeal. Then I have the transcript prepared and review it for mistakes of law, mistakes of fact, and other grounds for appeal such as procedural defects or abuse of discretion. Next I hit the books to conduct legal research and identify other cases before other courts that have dealt with similar mistakes. From the transcript and my research I prepare an appellate brief that is filed at the Court of Appeals in Salem, Oregon. Next the Attorney General prepares a response brief, and finally the case is set for oral argument before a three judge panel. After about a year or so, the Court of Appeals announces their decision.

Here are some of the cases we've handled on appeal.

State v. Rumler

Effimoff v. DMV

State v. Goss

Interested in an appeal? Let's talk.

Kenneth E. Kahn II, Attorney, P.C.
The initial telephone consultation is free
(503) 241-4105

Kenneth E. Kahn II is a criminal defense lawyer who has protected good people in trouble for over 21 years. The firm emphasizes:

Ballot Measure 11 felonies, appeals, criminal record expungements, theft crimes, traffic crimes, DUII / DWI, assault crimes, drug crimes, DMV hearings, and other felony crimes and misdemeanors.

I practice criminal law throughout Oregon and primarily in the following geographic areas: Multnomah County, Washington County, Clackamas County, Hood River County, Columbia County, Tillamook County, Marion County, Deschutes County, Lane County, Yamhill County, Columbia County, Benton County, and Linn County. My criminal defense law firm is located in downtown Portland, Oregon.





	Appeals Oregon Appeals: Two common grounds for appeal are: (1) a misapplication of the law (mistake of law) or (2) a factual conclusion that isn't supported by the evidence (mistake of fact). Here's what I mean. Mistake of Fact. Let's say it's illegal to sell liquor on Sunday and all of the evidence showed that liquor was sold on Friday. The judge goes ahead and convicts because he finds, despite all of the evidence to the contrary, that liquor was sold on Sunday. The appellate courts would reverse the conviction because the evidence doesn't support that factual conclusion. Mistake of Law. Same case, but this time the judge finds, unlike the first example, as a matter of fact, all of the liquor was sold on Friday. He then misapplies the law and finds that Sunday liquor laws apply to Friday sales too. That's reversible error because he misinterpreted the law. The appellate courts would reverse the conviction. How an appeal is handled. I begin the appeal process by filing a Notice of Appeal. Then I have the transcript prepared and review it for mistakes of law, mistakes of fact, and other grounds for appeal such as procedural defects or abuse of discretion. Next I hit the books to conduct legal research and identify other cases before other courts that have dealt with similar mistakes. From the transcript and my research I prepare an appellate brief that is filed at the Court of Appeals in Salem, Oregon. Next the Attorney General prepares a response brief, and finally the case is set for oral argument before a three judge panel. After about a year or so, the Court of Appeals announces their decision. Here are some of the cases we've handled on appeal. State v. Rumler Effimoff v. DMV State v. Goss Interested in an appeal? Let's talk. Kenneth E. Kahn II, Attorney, P.C. The initial telephone consultation is free (503) 241-4105 Kenneth E. Kahn II is a criminal defense lawyer who has protected good people in trouble for over 21 years. The firm emphasizes: Ballot Measure 11 felonies, appeals, criminal record expungements, theft crimes, traffic crimes, DUII / DWI, assault crimes, drug crimes, DMV hearings, and other felony crimes and misdemeanors. I practice criminal law throughout Oregon and primarily in the following geographic areas: Multnomah County, Washington County, Clackamas County, Hood River County, Columbia County, Tillamook County, Marion County, Deschutes County, Lane County, Yamhill County, Columbia County, Benton County, and Linn County. My criminal defense law firm is located in downtown Portland, Oregon.