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Direct Criminal Appellate Referral

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Direct Criminal Appellate Referral

This form is designed for referring direct appeals in criminal cases to the Office of Public Defense Services. It

is not

for use in referring

post-conviction

and

parole appeals

. To refer other types of appeals, click

here

.

Direct Appeal Criminal Cases. These cases include appeals from: jury, bench, and stipulated-facts trials; conditional-plea hearings; state's appeals; guilty and no-contest pleas; probation-violation and resentencing hearings; and criminal contempt proceedings other than non-support proceedings. Using the information included on this form, the Office of Public Defense Services will prepare and file the Notice of Appeal in direct appeal criminal cases. Important: Except in state's appeals, do not refer a case until after the defendant has been sentenced.

If you have a direct criminal appeal to refer to the office, please complete this form. It is divided into the following sections:

Referral Sender Information

Client Information

Case Type & Sentencing Information

Attorney Information

Judicial Information

Case Category Information

Additional Information

When you submit this form it will be transmitted to our Case Intake Specialist. Your referral of the case will be confirmed by email. If there is no information corresponding to a required field, enter " NONE."

Items with an * are required fields and are necessary for the submission of this form.

NOTE: If the deadline to file a Notice of Appeal is less than two days away, do not use this form to refer the case. Instead, contact the OPDS immediately for assistance. We are at:

Office of Public Defense Services

1175 Court Street NE

Salem, OR

97301-4030

Telephone:

(503) 378-3349

Fax:

(503) 378-2163

REFERRAL SENDER INFORMATION

Referral Sender's Name:	*
Referral Sender's Telephone:	*
Referral Sender's Email:	*

CLIENT INFORMATION

Client's First Name and Middle Name(s):	*
Client's Last Name:	*
Client's AKA Name(s):
Date of Birth (mm/dd/yy):
SID Number:
Alien Registration Number (A#), if applicable:
Client's Primary Language:
Name(s) of Co-Defendant(s):
If there are any possible conflicts of interest between the client and the client's co-defendant(s), please explain. Otherwise, state "NONE."


Client's Address (if not incarcerated):
Address:
City:
State:
Zip:
If incarcerated in a State Institution, please select institution:

If incarcerated in a County Jail, please select county:

Client's Home Telephone:
Client's Work Telephone:
Client's Message Telephone:

CASE TYPE & SENTENCING INFORMATION

Select County:	*
Enter Case Number(s):	*
Most serious conviction:	*
If misdemeanor, was the case an appeal from municipal or justice court?	Yes No
Offense(s):	*
Sentence(s):	*
Presumptive sentence(s)?	*
Stipulated sentence(s)?	*

ATTORNEY INFORMATION

Attorney Last Name:	*
Attorney Bar Number (6-digit):	*
Attorney designation:	*

JUDICIAL INFORMATION

Judge (Plea / PV Hearing / Trial):	*
Judge (Sentencing):	*

CASE CATEGORY INFORMATION

Select the case type(s) applicable to this referral from the list below.
NOTE: For each type selected, insert the applicable dates in the date boxes corresponding to the chosen case type, or insert "NONE" if appropriate. In the Pre-Trial Date(s) boxes, be sure to insert dates only for pre-trial hearings involving potential issues for appeal.

Jury Trial Before the Court Stipulated Facts

Pre-Trial Date(s):
Trial Date(s):
Sentencing Date(s):

Conditional Plea

Pre-Trial Date(s):
Hearing Date(s):
Sentencing Date(s)
Please note that, in order for the Court of Appeals to review the ruling for which the conditional plea was entered, the plea petition must reserve in writing the right to a review of that specific adverse ruling. ORS 135.335 (3); *see also City of Lake Oswego v. Albright,* 222 Or App 117 (2008).

Guilty Plea No Contest Plea Probation Violation

Hearing Date(s):
Sentencing Date(s):

Resentencing

Sentencing Date(s):

Criminal Contempt (Other than non-support proceedings)

Hearing Date(s):

State's Appeal

Date State Filed Notice of Appeal:

If this state's appeal is from an order granting a pre-trial motion to suppress or in limine motion, were there any pre-trial orders adverse to the defendant warranting a cross-appeal? If there were, please enter the trial date(s), order(s), and subject matter of the state's appeal:

ADDITIONAL INFORMATION

Please identify and summarize the potential issues for appeal. Generally, an issue for appeal concerns a judge’s ruling that is (1) procedurally “preserved” in the trial court by motion, objection, or argument, and (2) adverse to the client.

We use this information (1) for case assignment and case planning purposes and (2) because an appellant must identify a claim of error to file a notice of appeal in the following case types: Guilty Plea; No Contest Plea; Probation Violation; and Resentencing.

If you identify a ruling that is unpreserved, please indicate that the issue is unpreserved. If you believe the case does not present an issue or claim of error, enter “NONE.”

Please rate the complexity, novelty, and system-wide impact of the case , with "1" representing a routine issue having no particular significance (beyond the impact on the client) and "5" representing a complex issue, novel issue, or issue having systemic importance.

If in the previous box you identified any colorable issues, please list any documents needed to litigate the issues on appeal (e.g., demurrers and other written motions, affidavits for search warrants, and requested jury instructions). If there are no documents that pertain to these issues, please enter "NONE." Also, if possible please send us copies of court documents pertinent to these issues.

If post-sentencing hearings were held (e.g., restitution, a motion for new trial, or a motion in arrest of judgment), please enter the hearing date(s) and indicate the subject matter of the hearings:

If expert witnesses were called, please enter their name(s), organization(s), and city of origin. Also, indicate whether they were state or defense witnesses, and indicate the nature of their testimony.

If you were the trial attorney in this case, do you need prompt contact from the Office attorney assigned to the case?

Yes No

Under a recent change in Oregon law, when a defendant's successful appeal results in resentencing, the trial court may rely on information that it learned after the original sentencing to increase the original sentence. State v. Partain, 349 Or 10 (2010). Are you aware of circumstances that may expose the client to the risk of harsher punishment on remand following a successful appeal?

Yes No

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