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National Crime Victim Law Institute

NCVLI Assists Victims in Enforcing Post-Conviction Rights

February 14, 2012

When victims’ rights are not enforced they are broken promises.  NCVLI recently assisted a victim after a defendant’s conviction was set aside without giving the victim notice or an opportunity to be heard before the decision was made.

In Oregon, a defendant who was convicted of a weapons-related charge submitted a petition to set aside her convictionThe victim was never notified of the proceedings or afforded her rights to be present and to be heard at the hearing.  The victim’s right to protection was also implicated, as the defendant had made a number of concerning statements about the victim, and the victim feared the defendant might acquire another weapon once her conviction was set aside.  As a result of the denial of her rights, the court did not have an opportunity to hear from the victim before granting the petition to set aside the defendant’s conviction.  When the victim eventually learned that defendant’s conviction had been set aside, her attorney reached out to NCVLI for assistance. NCVLI provided legal information and strategic guidance on litigating the case. 

We do not yet know the outcome of this case but we are committed to ensuring that victims’ rights are not broken promises.  We are committed to ensuring that they are enforced at every stage of our criminal justice system, including during post-conviction proceedings

 

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