Amicus briefs

Through our amicus curiae ("friend of the court") project, we provide amicus assistance to cases in Oregon that present significant social justice issues related to criminal defense, civil rights, or juvenile justice, or are of particular importance to communities typically under-served by the legal system.

As part of our mission to advance civil rights and liberties through advocacy, we draft as well as sign on to amicus briefs on cutting-edge social justice issues facing Oregon courts. Amicus curiae briefs are an important way in which we contribute our analysis of significant but undeveloped aspects of critical cases.

How to request an amicus brief

If you are in the process of litigating a case and would like us to submit an amicus brief on your behalf, please send your request to [email protected]. We cannot guarantee that we will be willing to write a brief for every submission, but we do thoroughly review all submissions for merit.

Please provide a short memo summarizing the following in your submission to us:

  1. Case name (full names of the parties) and number

  2. Procedural posture

  3. Briefing schedule/calendar (actual and possible extensions)

  4. Summary of facts

  5. Summary of issue(s) we should weigh in on

  6. Name and contact information of attorneys (trial, appellate, PCR)

  7. Any other considerations or relevant information

Email your memo as a Word document to [email protected].

Past amicus briefs

Actual innocence
Reeves v. Nooth (Oregon Innocence Project)

Brady violations; prosecutorial misconduct
Eklof v. Steward (Oregon Innocence Project)

Cognitive and developmental differences between youth and adults; juvenile life without parole sentences
State v. Tinoco-Camarena

Delivery of a controlled substance convictions (Boyd deliveries)
State v. Hubbell

DNA testing
Oregon v. Johnson (Oregon Innocence Project)

Executive clemency
Haugen v. Kitzhaber

Expert witnesses; effects of long-term domestic violence on victims who are also charged with crimes
Tyson v. Brockamp

Eyewitness identification
Oregon v. Hickman (Oregon Innocence Project)

Felony-murder laws; merger in sentencing; disproportionate punishment
Martinez v. Cain

Ineffective assistance of counsel; Teague v. Lane; Padilla v. Kentucky
Verduzco v. Oregon

Intellectual disability; Miranda waivers; life without parole
State v. Ward

Juvenile life without parole sentences; de facto juvenile life without parole sentences
Cunio v. Premo
State v. Link
White v. Premo

Measure 11; disproportionate punishment; intellectual disability; Rodriguez/Buck
State v. Ryan

Measure 57; House Bill 3078; property crime sentencing
State v. Vallin

Memory science
Oregon v. Dye (Oregon Innocence Project)
Oregon v. Dye (Reply brief from Oregon Innocence Project)
State v. Black (Oregon Innocence Project)

Non-unanimous juries
Oregon v. Williams
State v. Brewer

ORS 137.719; sentencing of people convicted of three sex crimes as defined by ORS 181.805 (5); life without the possibility of parole sentences
Oregon v. Althouse
Oregon v. Davidson

Policing

Portland anti-camping ordinance
State v. Barrett

Probation violations; running sanctions consecutively
State v. McFerrin

Pretrial release; bail amounts
State v. Hansen

Racial bias; unconscious and conscious
State v. Naudain

Recantations
Gable v. Williams (Oregon Innocence Project)

“Return fraud”/felony theft; property crime sentencing; women as defendants
State v. Fonte

Sentencing, proportionality in; life without parole; Article I, Section 16
Myers v. Persson

Sex offender registration and youth
State v. A.R.H.

Shaken baby syndrome/SBS
In the Matter of A. E. P., a Child. DHS v. K. A. H. (Oregon Innocence Project)

Waiver of juveniles (ages 12-14) into adult court
Oregon v. JCN-V (Petition for Review)
Oregon v. JCN-V (Brief on the Merits)