Appeals in Criminal Actions

ORS 157.020
Who may appeal

  • appealable judgments and orders


(1)

Except as provided in subsection (2) of this section, an appeal may be taken only by the defendant and whether or not the judgment is that the defendant pay a fine or be imprisoned.

(2)

The plaintiff may take an appeal from:

(a)

An order made before jeopardy attaches dismissing the accusatory instrument;

(b)

An order arresting the judgment;

(c)

An order made before jeopardy attaches suppressing evidence; or

(d)

An order made before jeopardy attaches for the return or restoration of things seized. [Amended by 1959 c.196 §1; 1967 c.528 §1; 1971 c.644 §2; 1985 c.342 §13]

Notes of Decisions

District court's suppression of evidence is a final determination and has res judicata effect if the state does not appeal. State v. Swain/Goldsmith, 267 Or 527, 517 P2d 684 (1974)

Where state appealed from district court's suppression of evidence pursuant to this section, but failed to appeal to Court of Appeals from circuit court's affirmance of the order of suppression, state may not raise suppression issue in later de novo trial in circuit court. State v. Krey, 18 Or App 22, 523 P2d 600 (1974)


Source

Last accessed
Jun. 26, 2021