Appeals; Post-Conviction Relief

  1. Law
  2. Oregon Revised Statutes
  3. Criminal Procedure, Crimes
  4. Appeals; Post-Conviction Relief

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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 138.012

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c.207 §1; 1969 c.198 §62; 1971 c.565 §19; 1977 c.372 §13; 1977 c.752 §1; 1985 c.348 §1; 1989 c.849 §4; 2001 c.870 §6; repealed by 2017 c.529 §26]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c.372 §14; 1985 c.342 §20; 1985 c.348 §2; 1989 c.849 §5; 1995 c.658 §78; 1999 c.134 §3; 1999 c.788 §47; 2001 c.644 §1; repealed by 2017 c.529 §26]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[1989 c.849 §3; 1993 c.14 §16; 2001 c.644 §2; 2003 c.737 §101; repealed by 2017 c.529 §26]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 138.060

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[Repealed by 1971 c.565 §20 (138.071 enacted in lieu of 138.070)]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[Amended by 1959 c.558 §37; 1969 c.198 §65; 1971 c.193 §28; repealed by 1971 c.565 §22 (138.081 enacted in lieu of 138.080)]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[1989 c.790 §20; 1995 c.109 §1; 1997 c.389 §2; 2003 c.576 §165; 2007 c.547 §3; 2013 c.153 §1; repealed by 2017 c.529 §26]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[Amended by 1959 c.558 §38; 1961 c.101 §1; repealed by 1971 c.565 §1]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[Amended by 1963 c.324 §1; 1971 c.565 §24; repealed by 2017 c.529 §26]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[Repealed by 2017 c.529 §26]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 138.125

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[Repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)]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 138.145

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 138.160

Section
138.170

[Repealed by 1959 c.638 §26]

Section
138.180

[Repealed by 1959 c.558 §51]

Section
138.185

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 138.710

Section
138.720

Section 138.720

Section
138.730

Section 138.730

Section
138.740

Section 138.740

Section
138.750

Section 138.750

Section
138.760

Section 138.760

Section
138.770

Section 138.770

Section
138.780

Section 138.780

Section
138.790

Section 138.790

Section
138.810

Section 138.810

Section
138.820

Section 138.820

Section
138.830

Section 138.830

Section
138.840

Section 138.840