ORS 147.535
Appeals generally
(1)
Intentionally left blank —Ed.(a)
Notwithstanding any other provision of law and except as provided in paragraph (b) of this subsection, appellate review of an order issued under ORS 147.515 (Claims), 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) shall be solely as provided in this section and ORS 147.537 (Appellate review as matter of right), 147.539 (Discretionary review) and 147.542 (Stay pending appeal).(b)
A defendant who seeks to appeal an order issued under ORS 147.515 (Claims), 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) must do so in the manner provided for appeals in ORS chapter 138. The provisions of this section and ORS 147.537 (Appellate review as matter of right), 147.539 (Discretionary review) and 147.542 (Stay pending appeal) do not apply to an appeal under ORS chapter 138.(c)
Nothing in ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) affects the ability of a defendant to petition for a writ of mandamus.(2)
Jurisdiction for appellate review of an order issued under ORS 147.515 (Claims), 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) is vested originally and exclusively in the Supreme Court.(3)
Subject to ORS 147.542 (Stay pending appeal), the jurisdiction of the Supreme Court is limited to the order for which appellate review is sought and the trial court retains jurisdiction over all other matters in the criminal proceeding.(4)
Appellate review of an order issued under ORS 147.515 (Claims), 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) shall be as provided in:(a)
ORS 147.537 (Appellate review as matter of right) if the order was issued under ORS 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) in a criminal proceeding in which a defendant is charged with a felony or a person Class A misdemeanor, as that term is defined by rule of the Oregon Criminal Justice Commission, and the order arises from a motion or claim alleging a violation that occurred prior to the pronouncement in open court of the sentence or disposition after a plea, admission or trial in the criminal proceeding.(b)
ORS 147.539 (Discretionary review) in all appeals arising under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) except those described in paragraph (a) of this subsection.(5)
The victim, the state or any person against whom relief was ordered has standing to seek appellate review of an order unless, after notice and a reasonable opportunity to be heard on the claim or motion that resulted in the order or a related claim or motion, the person or party seeking appellate review did none of the following:(a)
Inform the court of a claim.(b)
File a response under ORS 147.517 (Notice) (4).(c)
File a motion under ORS 147.522 (Issue that will have impact on trial).(d)
Participate in a hearing under ORS 147.530 (Hearing on claim, response or motion).(6)
Pursuant to ORS 180.060 (Powers and duties of Attorney General), the Attorney General shall appear for the state in all appeals under this section and ORS 147.537 (Appellate review as matter of right), 147.539 (Discretionary review) and 147.542 (Stay pending appeal). [2009 c.178 §13; 2013 c.224 §3]
Source:
Section 147.535 — Appeals generally, https://www.oregonlegislature.gov/bills_laws/ors/ors147.html.
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