Summary
The Oregon Supreme Court held that denying a criminal defendant's request to poll the jury violated an Oregon procedural right but did not constitute a substantial denial of due process rendering the conviction void. Because the defendant had an adequate remedy by direct appeal, post-conviction relief was unavailable. The court reversed the lower court's judgment and remanded with directions to dismiss the petition.
Topics
Practice areas
Questions Presented
- Whether denial of a criminal defendant's request to poll the jury constitutes a substantial denial of due process under the Oregon or United States Constitution, rendering the conviction void and authorizing post-conviction relief.
- Whether Oregon's Post-Conviction Hearing Act permits relief or a delayed appeal for an error that could have been corrected through a direct appeal.
Holdings
- Although a defendant has an absolute statutory right to have the jury polled upon request and denial of that right may constitute reversible error on direct appeal, the denial does not constitute a substantial denial of due process or render the conviction void.
- ORS 138.520 does not expand ORS 138.530 to authorize post-conviction relief when none of the statutory grounds for relief is established; the Act does not provide a delayed appeal for the nonconstitutional procedural error asserted here.
Key quotations
“But it is one thing to say that the defendant should have such a right and quite another thing to say that a denial of that right violates due process of law.” (226 Or. at 203)
“Viewing the denial of the trial judge to permit a poll of the jury against this background, we are of the opinion that defendant was not denied due process of law under our Constitution or under the Constitution of the United States.” (226 Or. at 204)
Factual background
Brooks was convicted of uttering a forged bank check and received a twenty-year sentence. When the guilty verdict was announced, he requested that the jury be polled, but the trial judge denied the request because the ten jurors who voted for conviction had signed the verdict form. Brooks did not appeal the conviction and instead sought post-conviction relief, asserting that the refusal to poll the jury rendered the conviction void.
Procedural history
Brooks was convicted in the Lane County Circuit Court of uttering a forged bank check and sentenced to twenty years. After the trial court denied his request to poll the jury, he did not pursue a direct appeal. He later sought post-conviction relief in the Marion County Circuit Court, which set aside the conviction and sentence and remanded him for a new trial. The Oregon Supreme Court reversed and remanded with directions to dismiss the petition.
Remand instructions
Reverse the Marion County Circuit Court judgment and remand with directions to dismiss the post-conviction petition.