Criminal Trials

ORS 136.500
Motion in arrest of judgment

  • basis and time for making

A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty. It may be founded on either or both of the grounds specified in ORS 135.630 (Grounds of demurrer) (1) and (4), and not otherwise. The motion must be made within the time allowed to file a motion for a new trial, and both such motions may be made and heard as the court directs. [Formerly 136.810]

See also annotations under ORS 136.810 in permanent edition.

Notes of Decisions

The motion cannot be made on the insufficiency of the indictment. State v. Kennedy, 6 Or App 552, 488 P2d 819 (1971), Sup Ct review denied

Where circuit court order vacated sentence of municipal court due to unconstitutionality of underlying ordinance this was order in arrest of judgment from which city could appeal. City of Toledo v. Richards, 40 Or App 71, 594 P2d 422 (1979), Sup Ct review denied

Motion in arrest of judgment cannot be based on statute of limitations. State v. Parker, 119 Or App 105, 849 P2d 1157 (1993), Sup Ct review denied

Lack of hearing and determination does not result in motion in arrest of judgment being automatically deemed denied. State v. Starr, 210 Or App 409, 150 P3d 1072 (2007)

Motion in arrest of judgment may be filed before judgment has been entered. State v. Starr, 210 Or App 409, 150 P3d 1072 (2007)

Court lacks jurisdiction to rule on motion in arrest of judgment while appeal from judgment is pending. State v. Starr, 210 Or App 409, 150 P3d 1072 (2007)

Failure of court to hear and determine motion in arrest of judgment is not appealable event. State v. Starr, 210 Or App 409, 150 P3d 1072 (2007)

COMPLETED CITATIONS: Portland v. Olson, 4 Or App 380, 481 P2d 641 (1971), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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