Field v. Coursey

As determined by ORAP 5.45(1), generally no argument of error may be asserted in an appellate court that has not been preserved in the lower court.

Field appealed a judgment denying his petition for post-conviction relief after being convicted of murder and three other charges. On his initial appeal to this Court, Field challenged the trial court’s rulings on the denial of his motion to suppress statements, the denial of a mistrial motion, and the decision to sentence petitioner consecutively. After this Court affirmed the conviction judgment, Field filed a petition for post-conviction relief. The petition stated that petitioner’s appellate counsel had failed to adequately assist him in three separate ways. He claimed that this prejudiced him in that he lost valuable time to prepare to file for habeas corpus. The post-conviction court ruled that petitioner had failed to provide adequate evidence to support his claims and that he had even failed to sufficiently state a claim upon which relief could be granted and therefore denied his petition. Finally, this appeal was brought wherein the petitioner claimed that his appellate counsel failed to file a petition for review to the Oregon Supreme Court or to withdraw his services so that the petitioner could find other legal representation. The Court stated that arguments must generally be preserved in the trial court in order for them to be heard on appeal. Since petitioner’s arguments to the post-conviction court were qualitatively different than those being raised before this Court, the arguments have not been reviewed in prior proceedings and have therefore not been preserved. Affirmed.