Legal Question in Appeals and Writs in Oregon

Re: Appeal from Oregon Supreme Court

Ordinarilly you can't do this. Petitions for habeas corpus can be presented to the U.S. District Court after denial of review by a state supreme court, but if yours isn't a habeas case then you don't have this option.

You could take your case to the U.S. Supreme Court, but only if it presents an issue of Federal law (whether statutory or Constitutional) AND if that issue was properly presented to the state courts at every level. If you had a federal issue that was not preserved this way, then it is waived. If the case involves only questions of state law, then the state court's decision is final.

Assuming you have some basis to go to the Supreme Court, you will need to file a petition for certiorari within 120 days of the denial of review by the state supreme court. Certiorari petitions are not easy to write and are seldom granted (only about 2% are successful).

Correction Re: Appeal from Oregon Supreme Court

My earlier post said you have 120 days from the judgment or denial of review by the state Supreme Court in which to petition the U.S. Supreme Court for certiorari. This was an error on my part. You actually have 90 days, persuant to U.S. Supreme Court rule 13.1.