Appeals

ORS 138.694
Appointed counsel

(1)

A person described in ORS 138.690 (Commencement of DNA testing proceedings) is entitled to counsel during all stages of the proceedings described in ORS 138.692 (Motion for DNA testing), 138.696 (Test results), 138.697 (Appeal of court order) and 138.700 (Entry of unidentified profile into DNA databases).

(2)

A person described in ORS 138.690 (Commencement of DNA testing proceedings) may file a petition in the circuit court in which the judgment of conviction was entered requesting the appointment of counsel at state expense to assist the person in determining whether to file a motion under ORS 138.692 (Motion for DNA testing). The petition must be accompanied by:

(a)

A completed affidavit of eligibility for appointment of counsel at state expense; and

(b)

An affidavit stating that:

(A)

The person meets the criteria in ORS 138.690 (Commencement of DNA testing proceedings);

(B)

The person is innocent of the charge for which the person was convicted; and

(C)

The person is without sufficient funds and assets, as shown by the affidavit required by paragraph (a) of this subsection, to hire an attorney to represent the person in determining whether to file a motion under ORS 138.692 (Motion for DNA testing).

(3)

The court shall grant a petition filed under this section if:

(a)

The petitioner complies with the requirements of subsection (2) of this section; and

(b)

It appears to the court that the petitioner is financially unable to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the matter.

(4)

An attorney appointed under this section:

(a)

If other than counsel provided pursuant to ORS 151.460, is entitled to compensation and expenses as provided in ORS 135.055 (Compensation and expenses of appointed counsel); or

(b)

If counsel provided pursuant to ORS 151.460, is entitled to expenses as provided in ORS 135.055 (Compensation and expenses of appointed counsel). [2001 c.697 §4; 2007 c.800 §3; 2015 c.564 §3; 2019 c.368 §5]
Note: See note under 138.688 (Definitions).

Notes of Decisions

Where defendant filed petition for appointed counsel simultaneously with motion for post-conviction DNA testing under ORS 138.690 and 138.692, defendant's petition for counsel was timely under this section. State v. Templeton, 275 Or App 69, 364 P3d 6 (2015)

Source

Last accessed
Jun. 26, 2021

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