Appeals

ORS 138.010
Mode of review

  • abolition of writs of error and certiorari


Writs of error and of certiorari in criminal actions are abolished. The only mode of reviewing a judgment or order in a criminal action is that prescribed by ORS 138.010 (Mode of review) to 138.310 (Notice to court below when public defense services executive director certifies costs, expenses or compensation).

Notes of Decisions

Except as provided in ORS 157.010, the use of the writ of review in criminal cases has been abolished by this section. Doran v. State, 270 Or 758, 529 P2d 928 (1974)

Parking violation is "criminal action." Shelton v. Allen, 77 Or App 177, 711 P2d 222 (1985)

Court acted beyond statutory authority granted by this section when court revoked defendant's probation for same violation on which court had based earlier extension of probation. State v. Smith, 98 Or App 543, 779 P2d 1097 (1989)


Source

Last accessed
Jun. 26, 2021