ORS 138.520
Relief which court may grant


The relief which a court may grant or order under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) shall include release, new trial, modification of sentence, and such other relief as may be proper and just. The court may also make supplementary orders to the relief granted, concerning such matters as rearrangement, retrial, custody and release on security. [1959 c.636 §2; 1999 c.1051 §258]

Source: Section 138.520 — Relief which court may grant, https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html.

Notes of Decisions

Where there was a substantial question, at the time thereof, of the petitioner’s competency to waive indictment, to waive trial by jury and to enter a plea of guilty the post-conviction court shall conduct a hearing to determine whether or not the petitioner was competent at the times in question. Brady v. Calloway, 11 Or App 30, 501 P2d 72 (1972), Sup Ct review denied

Post-conviction court has authority to make release decision as part of or supplemental to relief granted and has jurisdiction to grant supplementary orders respecting release and bail even though case is on appeal. Johnson v. Maass, 98 Or App 97, 778 P2d 508 (1989)

Post-conviction relief may not be granted for attorney’s failure to investigate and present alibi defense that was based on false information petitioner gave to his attorney. Johnson v. Maass, 99 Or App 693, 784 P2d 107 (1989), Sup Ct review denied

Post-conviction court may apply remedy that is just and proper to correct error identified by petitioner, notwithstanding that applied remedy may exceed scope of remedy sought by petitioner. Brock v. Baldwin, 171 Or App 188, 14 P3d 651 (2000), Sup Ct review denied

Sentencing court may not modify sentence that has already been completely served. State v. Bisby, 212 Or App 86, 157 P3d 262 (2007), Sup Ct review denied

138.005
Definitions for ORS 138.010 to 138.310
138.010
Mode of review
138.015
Statutes applicable to appeals
138.020
Who may appeal
138.030
Parties designated “appellant” and “respondent”
138.035
Appeal by defendant
138.045
Appeal by state
138.052
Appeal from judgment of conviction and sentence of death
138.057
Appeal from judgment involving violation
138.065
Appeal from judgment or order deciding special statutory proceeding
138.071
Time within which appeal must be taken
138.081
Service and filing of notice of appeal
138.085
Content requirements for certain notices of appeal
138.090
Signature to notice of appeal
138.105
Appeal by defendant
138.115
Appeal by state
138.210
Failure to file brief by appellant
138.225
Summary affirmation
138.227
Joint motion to vacate and remand
138.255
Court of Appeals certification of appeal to Supreme Court in lieu of disposition
138.257
Determination on appeal
138.261
Time within which certain appeals must be decided
138.275
Notice to parties concerning modified judgment or order or supplemental judgment
138.285
Order staying execution of sentence
138.295
Stay of judgment or order on appeal by state
138.305
Delivery of defendant under sentence of imprisonment to intake center
138.310
Notice to court below when public defense services executive director certifies costs, expenses or compensation
138.480
Public Defense Services Commission to provide representation for prisoner in proceeding before appellate court
138.500
Appointment of counsel and furnishing of transcript for appellant without funds
138.504
Waiver of counsel
138.510
Persons who may file petition for relief
138.520
Relief which court may grant
138.525
Dismissal of meritless petition
138.527
Frivolous petition or response
138.530
When relief must be granted
138.540
Petition for relief as exclusive remedy for challenging conviction
138.550
Availability of relief as affected by prior judicial proceedings
138.560
Procedure upon filing petition for relief
138.570
Who shall be named as defendant
138.580
Petition
138.585
Access to confidential jury records
138.590
Petitioner may proceed as a financially eligible person
138.610
Pleadings
138.615
Disclosure of witness information
138.620
Hearing
138.622
Appearance by communication device
138.625
Victim testimony
138.627
Victim’s rights
138.630
Evidence of events occurring at trial of petitioner
138.640
Judgment
138.650
Appeal
138.660
Summary affirmation of judgment
138.665
Remand for reconsideration of judgment or order
138.670
Admissibility, at new trial, of testimony of witness at first trial
138.680
Short title
138.686
Automatic stay of sentence of death for federal appeal and state post-conviction relief
138.688
Definitions
138.690
Commencement of DNA testing proceedings
138.692
Motion for DNA testing
138.694
Appointed counsel
138.696
Test results
138.697
Appeal of court order
138.698
Effect of setting aside conviction on plea agreement
138.700
Entry of unidentified profile into DNA databases
Green check means up to date. Up to date