Chapter 138
Appeals; Post-Conviction Relief

Sections

Definitions for ORS 138.010 to 138.310

Statutes applicable to appeals

Parties designated “appellant” and “respondent”

Appeal by defendant

Appeal by state

Appeal from judgment of conviction and sentence of death

Appeal from judgment involving violation

Appeal from judgment or order deciding special statutory proceeding

Time within which appeal must be taken

Service and filing of notice of appeal

Content requirements for certain notices of appeal

Signature to notice of appeal

Appeal by defendant

Appeal by state

Failure to file brief by appellant

Summary affirmation

Joint motion to vacate and remand

Court of Appeals certification of appeal to Supreme Court in lieu of disposition

Determination on appeal

Time within which certain appeals must be decided

Notice to parties concerning modified judgment or order or supplemental judgment

Order staying execution of sentence

Stay of judgment or order on appeal by state

Delivery of defendant under sentence of imprisonment to intake center

Notice to court below when public defense services executive director certifies costs, expenses or compensation

Public Defense Services Commission to provide representation for prisoner in proceeding before appellate court

Appointment of counsel and furnishing of transcript for appellant without funds

Waiver of counsel

Persons who may file petition for relief

Relief which court may grant

Dismissal of meritless petition

Frivolous petition or response

When relief must be granted

Petition for relief as exclusive remedy for challenging conviction

Availability of relief as affected by prior judicial proceedings

Procedure upon filing petition for relief

Who shall be named as defendant

Access to confidential jury records

Petitioner may proceed as a financially eligible person

Disclosure of witness information

Appearance by communication device

Victim testimony

Victim’s rights

Evidence of events occurring at trial of petitioner

Summary affirmation of judgment

Remand for reconsideration of judgment or order

Admissibility, at new trial, of testimony of witness at first trial

Automatic stay of sentence of death for federal appeal and state post-conviction relief

Commencement of DNA testing proceedings

Motion for DNA testing

Appointed counsel

Appeal of court order

Effect of setting aside conviction on plea agreement

Entry of unidentified profile into DNA databases

Up to date

Current through early 2024

Chap. 138’s source at oregon.gov

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California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
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World:	Rome Statute, International Dictionary

Location: https://oregon.public.law/statutes/ors_chapter_138

Original Source: Chapter 138 — Appeals; Post-Conviction Relief, https://www.oregonlegislature.gov/bills_laws/ors/ors138.html (last accessed Jun. 16, 2023).