2017 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 147 - Victims of Crime and Acts of Mass Destruction
Section 147.539 - Discretionary review.

Universal Citation: OR Rev Stat § 147.539 (2017)

Appellate review of an order described in ORS 147.535 (4)(b) shall be as provided in ORS 147.537, except that:

(1) The Supreme Court’s jurisdiction is discretionary. The court may by rule prescribe the criteria the court will use to decide whether to grant review. The initiating document is a petition for review, but the petition must be accompanied by the same materials described in ORS 147.537 (4), and the person seeking review shall be identified as the petitioner.

(2) The respondent may elect not to file a response until after the Supreme Court has decided to accept review, in which case the response must be filed within seven days after the Supreme Court issues an order granting review.

(3) ORS 147.537 (15) does not apply to review under this section. The Supreme Court may dismiss a review improvidently granted.

(4)(a) Except as provided in paragraph (b) of this subsection, the Supreme Court shall issue its decision on appeal under this section within 21 days after the date the court issued the order granting review.

(b) The Supreme Court may issue a final decision beyond the 21-day period if the court determines that the ends of justice served by issuing a final decision at a later date outweigh the best interests of the victim, the prosecuting attorney, the defendant, any person against whom relief was ordered and the public. [2009 c.178 §15]

Note: See note under 147.500.

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