There is a newer version
of
this Chapter
2019 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 138 - Appeals; Post-Conviction Relief
APPEALS
- Section 138.005 - Definitions for ORS 138.010 to 138.310.
- Section 138.010 - Mode of review; abolition of writs of error and certiorari.
- Section 138.012
- Section 138.015 - Statutes applicable to appeals.
- Section 138.020 - Who may appeal.
- Section 138.030 - Parties designated "appellant" and "respondent"; title of action.
- Section 138.035 - Appeal by defendant.
- Section 138.040 [Amended by 1959 c.558 §36; 1963 c.207 §1; 1969 c.198 §62; 1971 c.565 §19; 1977 c.372 §13; 1977 c.752 §1; 1985 c.348 §1; 1989 c.849 §4; 2001 c.870 §6; repealed by 2017 c.529 §26]
- Section 138.045 - Appeal by state.
- Section 138.050 [Amended by 1969 c.198 §63; 1973 c.836 §275a; 1975 c.611 §23; 1977 c.372 §14; 1985 c.342 §20; 1985 c.348 §2; 1989 c.849 §5; 1995 c.658 §78; 1999 c.134 §3; 1999 c.788 §47; 2001 c.644 §1; repealed by 2017 c.529 §26]
- Section 138.052 - Appeal from judgment of conviction and sentence of death; direct review by Supreme Court.
- Section 138.053 [1989 c.849 §3; 1993 c.14 §16; 2001 c.644 §2; 2003 c.737 §101; repealed by 2017 c.529 §26]
- Section 138.057 - Appeal from judgment involving violation.
- Section 138.060
- Section 138.065 - Appeal from judgment or order deciding special statutory proceeding.
- Section 138.070 [Repealed by 1971 c.565 §20 (138.071 enacted in lieu of 138.070)]
- Section 138.071 - Time within which appeal must be taken.
- Section 138.080 [Amended by 1959 c.558 §37; 1969 c.198 §65; 1971 c.193 §28; repealed by 1971 c.565 §22 (138.081 enacted in lieu of 138.080)]
- Section 138.081 - Service and filing of notice of appeal.
- Section 138.083 [1989 c.790 §20; 1995 c.109 §1; 1997 c.389 §2; 2003 c.576 §165; 2007 c.547 §3; 2013 c.153 §1; repealed by 2017 c.529 §26]
- Section 138.085 - Content requirements for certain notices of appeal.
- Section 138.090 - Signature to notice of appeal.
- Section 138.100 [Amended by 1959 c.558 §38; 1961 c.101 §1; repealed by 1971 c.565 §1]
- Section 138.105 - Appeal by defendant.
- Section 138.110 [Amended by 1963 c.324 §1; 1971 c.565 §24; repealed by 2017 c.529 §26]
- Section 138.115 - Appeal by state.
- Section 138.120 [Repealed by 2017 c.529 §26]
- Section 138.125
- Section 138.130 [Repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)]
- Section 138.135 [1963 c.155 §2 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150); 1967 c.372 §5; 1969 c.198 §66; 1977 c.752 §4; 1999 c.1051 §257; repealed by 2013 c.151 §4]
- Section 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)]
- Section 138.145
- Section 138.150 [Repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)]
- Section 138.160
- Section 138.170 [Repealed by 1959 c.638 §26]
- Section 138.180 [Repealed by 1959 c.558 §51]
- Section 138.185
- Section 138.190 [Repealed by 1959 c.558 §51]
- Section 138.200 [Repealed by 1959 c.558 §51]
- Section 138.210 - Failure to file brief by appellant; appearance by defendant.
- Section 138.220 [Amended by 1959 c.558 §40; repealed by 2017 c.529 §26]
- Section 138.222 [1989 c.790 §21; 1993 c.692 §2; 1993 c.698 §1; 1997 c.852 §9; 2001 c.644 §3; 2003 c.737 §102; 2005 c.563 §1; repealed by 2017 c.529 §26]
- Section 138.225 - Summary affirmation.
- Section 138.227 - Joint motion to vacate and remand.
- Section 138.230 [Repealed by 2017 c.529 §26]
- Section 138.240 [Repealed by 2017 c.529 §26]
- Section 138.250 [Amended by 1973 c.836 §279; repealed by 2017 c.529 §26]
- Section 138.255 - Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review.
- Section 138.257 - Determination on appeal.
- Section 138.260 [Repealed by 1981 c.178 §18]
- Section 138.261 - Time within which certain appeals must be decided.
- Section 138.265 [1981 c.178 §6; repealed by 1985 c.734 §20]
- Section 138.270 [Amended by 1981 c.178 §7; repealed by 1985 c.734 §20]
- Section 138.275 - Notice to parties concerning modified judgment or order or supplemental judgment.
- Section 138.280 [Amended by 1959 c.558 §41; 1981 c.178 §8; repealed by 1985 c.734 §20]
- Section 138.285 - Order staying execution of sentence.
- Section 138.290 [Amended by 1981 c.178 §9; repealed by 1985 c.734 §20]
- Section 138.295 - Stay of judgment or order on appeal by state; release.
- Section 138.300 [Amended by 1969 c.198 §68; 1983 c.763 §15; repealed by 2017 c.529 §26]
- Section 138.305 - Delivery of defendant under sentence of imprisonment to intake center.
- Section 138.310 - Notice to court below when public defense services executive director certifies costs, expenses or compensation.
- Section 138.410 [Formerly 138.810; repealed by 1967 c.372 §13]
- Section 138.420 [Formerly 138.820; repealed by 1967 c.372 §13]
- Section 138.430 [Formerly 138.830: repealed by 1967 c.372 §13]
- Section 138.440 [Formerly 138.840; 1961 c.480 §1; repealed by 1967 c.372 §13]
- Section 138.480 - Public Defense Services Commission to provide representation for prisoner in proceeding before appellate court.
- Section 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]
- Section 138.500 - Appointment of counsel and furnishing of transcript for appellant without funds; compensation.
- Section 138.504 - Waiver of counsel; appointment of legal advisor.
- Section 138.510 - Persons who may file petition for relief; time limit.
- Section 138.520 - Relief which court may grant.
- Section 138.525 - Dismissal of meritless petition.
- Section 138.527 - Frivolous petition or response; attorney fees.
- Section 138.530 - When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected.
- Section 138.540 - Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies.
- Section 138.550 - Availability of relief as affected by prior judicial proceedings.
- Section 138.560 - Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings.
- Section 138.570 - Who shall be named as defendant; counsel for defendant.
- Section 138.580 - Petition.
- Section 138.585 - Access to confidential jury records.
- Section 138.590 - Petitioner may proceed as a financially eligible person.
- Section 138.600 [1959 c.636 §10; repealed by 1997 c.872 §6]
- Section 138.610 - Pleadings.
- Section 138.615 - Disclosure of witness information.
- Section 138.620 - Hearing.
- Section 138.622 - Appearance by communication device.
- Section 138.625 - Victim testimony; contact with victim.
- Section 138.627 - Victim’s rights.
- Section 138.630 - Evidence of events occurring at trial of petitioner.
- Section 138.640 - Judgment; enforcement.
- Section 138.650 - Appeal.
- Section 138.660 - Summary affirmation of judgment; dismissal of appeal.
- Section 138.665 - Remand for reconsideration of judgment or order; appeal.
- Section 138.670 - Admissibility, at new trial, of testimony of witness at first trial.
- Section 138.680 - Short title.
- Section 138.685 [1991 c.885 §3; repealed by 1999 c.1055 §15]
- Section 138.686 - Automatic stay of sentence of death for federal appeal and state post-conviction relief.
- Section 138.687 [1991 c.885 §4; repealed by 1999 c.1055 §15]
- Section 138.688 - Definitions.
- Section 138.690 - Commencement of DNA testing proceedings; discovery.
- Section 138.692 - Motion for DNA testing; declaration; court order; costs.
- Section 138.694 - Appointed counsel.
- Section 138.696 - Test results; motion for new trial.
- Section 138.697 - Appeal of court order.
- Section 138.698 - Effect of setting aside conviction on plea agreement.
- Section 138.700 - Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order.
- Section 138.710
- Section 138.720
- Section 138.730
- Section 138.740
- Section 138.750
- Section 138.760
- Section 138.770
- Section 138.780
- Section 138.790
- Section 138.810
- Section 138.820
- Section 138.830
- Section 138.840
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.