Motion in arrest of judgment
- basis and time for making
Source:
Section 136.500 — Motion in arrest of judgment; basis and time for making, https://www.oregonlegislature.gov/bills_laws/ors/ors136.html
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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