There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 138
- 138.005 Definitions for ORS 138.010 to 138.310.
- 138.010 Mode of review; abolition of writs of error and certiorari.
- 138.012 Sentence of death; automatic and direct review by Supreme Court.
- Note: 138.012 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 138.020 Who may appeal.
- 138.030 Parties designated appellant and respondent ; title of action.
- 138.040 Appeal by defendant generally; reviewable matters.
- 138.050 Appeal from sentence on plea of guilty or no contest.
- 138.053 Judgments and orders that are subject to appeal.
- 138.057 Appeal from judgment involving violation.
- Note: 138.057 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 138.060 Appeal by state.
- 138.070 [Repealed by 1971 c.565 20 (138.071 enacted in lieu of 138.070)]
- 138.071 Time within which appeal must be taken.
- 138.080 [Amended by 1959 c.558 37; 1969 c.198 65; 1971 c.193 28; repealed by 1971 c.565 22 (138.081 enacted in lieu of 138.080)]
- 138.081 Service and filing of notice of appeal.
- 138.083 Retention of authority by trial court for certain purposes.
- 138.090 Signature to notice of appeal.
- 138.100 [Amended by 1959 c.558 38; 1961 c.101 1; repealed by 1971 c.565 1]
- 138.110 Service of notice of appeal on defendant or attorney by publication in certain cases.
- 138.120 When appeal is perfected in case of service by publication.
- 138.130 [Repealed by 1963 c.155 1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)]
- 138.135 Defendant s appeal or petition for review as stay of sentence.
- 138.140 [Amended by 1953 c.99 2; 1955 c.660 19; repealed by 1963 c.155 1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)]
- 138.145 Delivery of defendant under sentence of imprisonment to intake center.
- 138.150 [Repealed by 1963 c.155 1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)]
- 138.160 Appeal by state as stay of judgment or order; release.
- 138.170 [Repealed by 1959 c.638 26]
- 138.180 [Repealed by 1959 c.558 51]
- 138.185 Transmission of record to Court of Appeals; statutes applicable to appeal to Court of Appeals.
- 138.190 [Repealed by 1959 c.558 51]
- 138.200 [Repealed by 1959 c.558 51]
- 138.210 Necessity of appearance of appellant.
- 138.220 Scope of review.
- 138.222 Scope of review of sentence imposed for felony committed on or after November 1, 1989.
- Note: Legislative Counsel has substituted chapter 790, Oregon Laws 1989, for the words this Act in section 21, chapter 790, Oregon Laws 1989, compiled as 138.222. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1989 Comparative Section Table located in Volume 20 of ORS.
- 138.225 Summary affirmation.
- 138.227 Vacation of judgment and remand.
- 138.230 Rulings in discretion of court and technical defects as grounds for reversal.
- 138.240 Judgments appellate court may give.
- 138.250 New trial to be in court below; reversal without new trial.
- 138.255 Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review.
- 138.260 [Repealed by 1981 c.178 18]
- 138.261 Time within which certain appeals must be decided.
- 138.265 [1981 c.178 6; repealed by 1985 c.734 20]
- 138.270 [Amended by 1981 c.178 7; repealed by 1985 c.734 20]
- 138.280 [Amended by 1959 c.558 41; 1981 c.178 8; repealed by 1985 c.734 20]
- 138.290 [Amended by 1981 c.178 9; repealed by 1985 c.734 20]
- 138.300 County s liability for costs on appeal in criminal action.
- 138.310 Notice to court below when public defense services executive director certifies costs, expenses or compensation.
- 138.410 [Formerly 138.810; repealed by 1967 c.372 13]
- 138.420 [Formerly 138.820; repealed by 1967 c.372 13]
- 138.430 [Formerly 138.830: repealed by 1967 c.372 13]
- 138.440 [Formerly 138.840; 1961 c.480 1; repealed by 1967 c.372 13]
- 138.480 Public Defense Services Commission to provide representation for prisoner in proceeding before appellate court.
- 138.490 [1963 c.600 11; 1969 c.198 70; 1977 c.752 5; 1979 c.867 2; 1981 s.s. c.3 125; 1985 c.502 22; 1989 c.1053 5; 1993 c.33 302; 2001 c.962 104; repealed by 2001 c.962 115]
- 138.500 Appointment of counsel and furnishing of transcript for appellant without funds; compensation.
- 138.504 Waiver of counsel; appointment of legal advisor.
- Note: 138.504 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. POST-CONVICTION RELIEF
- 138.510 Persons who may file petition for relief; time limit.
- 138.520 Relief which court may grant.
- 138.525 Dismissal of meritless petition.
- 138.527 Frivolous petition or response; attorney fees.
- Note: 138.527 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 138.530 When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected.
- 138.540 Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies.
- 138.550 Availability of relief as affected by prior judicial proceedings.
- 138.560 Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings; surcharge.
- 138.570 Who shall be named as defendant; counsel for defendant.
- 138.580 Petition.
- 138.585 Access to confidential jury records.
- 138.590 Petitioner may proceed as a financially eligible person.
- 138.600 [1959 c.636 10; repealed by 1997 c.872 6]
- 138.610 Pleadings.
- 138.620 Hearing.
- 138.622 Appearance by communication device.
- 138.625 Victim testimony.
- Note: 138.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 138.627 Victim s rights.
- Note: 138.627 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 138.630 Evidence of events occurring at trial of petitioner.
- 138.640 Judgment; enforcement.
- 138.650 Appeal.
- 138.660 Summary affirmation of judgment; dismissal of appeal.
- 138.670 Admissibility, at new trial, of testimony of witness at first trial.
- 138.680 Short title.
- 138.685 [1991 c.885 3; repealed by 1999 c.1055 15]
- 138.686 Automatic stay of sentence of death for federal appeal and state post-conviction relief.
- Note: 138.686 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 138.687 [1991 c.885 4; repealed by 1999 c.1055 15] POST-CONVICTION MOTION FOR DNA TESTING
- 138.690 Motion.
- Note: 138.690 to 138.698 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 138.692 Affidavit; order; costs.
- Note: See note under 138.690.
- 138.694 Appointed counsel.
- Note: See note under 138.690.
- 138.696 Test results.
- Note: See note under 138.690.
- 138.698 Effect of setting aside conviction on plea agreement.
- Note: See note under 138.690.
- 138.710 [1963 c.600 1; renumbered 151.210]
- 138.720 [1963 c.600 2; 1969 c.314 6; renumbered 151.270]
- 138.730 [1963 c.600 3; renumbered 151.280]
- 138.740 [1963 c.600 4(1),(3),(4),(5),(6),(7); renumbered 151.220]
- 138.750 [Subsection (1) enacted as 1963 c.600 4(2); subsection (2) enacted as 1963 c.600 5(4); 1967 c.35 1; 1969 c.644 1; 1971 c.642 3; renumbered 151.230]
- 138.760 [1963 c.600 5(1),(2),(3); renumbered 151.240]
- 138.770 [1963 c.600 6; 1967 c.372 6; renumbered 151.250]
- 138.780 [1963 c.600 7; renumbered 151.260]
- 138.790 [1963 c.600 13; renumbered 151.290]
- 138.810 [1955 c.662 2; 1959 c.558 42; renumbered 138.410]
- 138.820 [1955 c.662 3; 1959 c.558 43; renumbered 138.420]
- 138.830 [1955 c.662 4; renumbered 138.430]
- 138.840 [1955 c.662 5; 1959 c.558 44; renumbered 138.440] _______________
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