Appeals

ORS 138.052
Appeal from judgment of conviction and sentence of death

  • direct review by Supreme Court


(1)

The judgment of conviction and sentence of death entered under ORS 163.150 (Sentencing for aggravated murder) (1)(f) is subject to automatic and direct review by the Supreme Court. The review by the Supreme Court has priority over all other cases and shall be heard in accordance with rules adopted by the Supreme Court.

(2)

Notwithstanding ORS 163.150 (Sentencing for aggravated murder) (1)(a), after automatic and direct review of a conviction and sentence of death the following apply:

(a)

If a reviewing court finds prejudicial error in the sentencing proceeding only, the court may set aside the sentence of death and remand the case to the trial court. No error in the sentencing proceeding results in reversal of the defendant’s conviction for aggravated murder. Upon remand and at the election of the state, the trial court shall either:

(A)

Sentence the defendant to imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(c); or

(B)

Impanel a new sentencing jury for the purpose of conducting a new sentencing proceeding to determine if the defendant should be sentenced to:

(i)

Death;

(ii)

Imprisonment for life without the possibility of release or parole as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(b); or
(iii) Imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(c).

(b)

The new sentencing proceeding is governed by the provisions of ORS 163.150 (Sentencing for aggravated murder) (1), (2), (3) and (5). A transcript of all testimony and all exhibits and other evidence properly admitted in the prior trial and sentencing proceeding are admissible in the new sentencing proceeding. Either party may recall any witness who testified at the prior trial or sentencing proceeding and may present additional relevant evidence.

(c)

The provisions of this subsection are procedural and apply to any defendant sentenced to death after December 6, 1984. [Formerly 138.012]
Note: 138.052 (Appeal from judgment of conviction and sentence of death) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Formerly 138.012)

Notes of Decisions

Transcript of testimony properly admitted in prior trial and sentencing proceeding is admissible in new penalty-phase proceeding without regard to issue of relevancy or balancing. State v. Guzek, 342 Or 345, 153 P3d 101 (2007)

Where defendant was convicted of aggravated murder and sentenced to death, this section provides defendant with automatic and direct review to Supreme Court without scope of review limitations listed in [former] ORS 138.050 and [former] 138.222. State v. McAnulty, 356 Or 432, 338 P3d 653 (2014)


Source

Last accessed
Jun. 26, 2021