When Post conviction .-How many time the judge need for take a decition.- if is two weeks, what happen when they take more time

Asked about 1 year ago - Hillsboro, OR

jury known lawyer could not get proper medical test

Attorney answers (3)

  1. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    Answered . I'm sorry, it's a bit hard to understand what you're asking here. Please see this Guide: www.avvo.com/legal-guides/ugc/five-tips-for-how...

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Nicholas A Heydenrych

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I'm going to guess that you're asking whether a judge can delay jury deliberations for up to two weeks or more. The answer is that it depends on what's "reasonable" under the circumstances.

    If you want your lawyer to preserve this issue he or she should object to the delay as unduly oppressive. Then again if the delay was granted at the request of defense counsel for the purposes of securing a defense medical expert witness, then it stands to reason that the Defendant is implicitly waiving any right to later claim the delay, requested on his or her behalf, was unduly oppressive or unreasonable.

    If the Defendant is convicted then he or she must timely appeal and must show that the trial Court abused its discretion by permitting protracted jury deliberations. The Court of Appeals will review for abuse of discretion. Bear in mind that trial courts have fairly wide latitude in how they choose to administer trials.

    For a good discussion of this issue see State v. Kuhnhausen, 201 Or. 478, 272 P.2d 225 (Or., 1954) and State v. Johnson, 116 P.3d 879, 339 Or. 69 (Or, 2005).

    Good luck.

    This post is offered as general information and is not intended as legal advice. This information does not in of... more
  3. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . Question is a bit unclear.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

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