Oregon Law
Law as of Jan 1, 2024
Chapter contents
138.005Definitions for ORS 138.010 to 138.310 138.010Mode of review; abolition of writs of error and certiorari 138.012[1999 c.1055 §5; 2001 c.306 §2; renumbered 138.052 in 2017] 138.015Statutes applicable to appeals 138.020Who may appeal 138.030Parties designated “appellant” and “respondent”; title of action 138.035Appeal by defendant 138.040[Amended by 1959 c.558 §36; 1963 c.207 §1; 1969 c.198 §62; 1971 c.565 §19; 1977 c.372 §13; 1977 c.752 §1; 1985 c.348 §1; 1989 c.849 §4; 2001 c.870 §6; repealed by 2017 c.529 §26] 138.045Appeal by state 138.050[Amended by 1969 c.198 §63; 1973 c.836 §275a; 1975 c.611 §23; 1977 c.372 §14; 1985 c.342 §20; 1985 c.348 §2; 1989 c.849 §5; 1995 c.658 §78; 1999 c.134 §3; 1999 c.788 §47; 2001 c.644 §1; repealed by 2017 c.529 §26] 138.052Appeal from judgment of conviction and sentence of death; direct review by Supreme Court 138.053[1989 c.849 §3; 1993 c.14 §16; 2001 c.644 §2; 2003 c.737 §101; repealed by 2017 c.529 §26] 138.057Appeal from judgment involving violation 138.060[Amended by 1963 c.385 §1; 1969 c.198 §64; 1969 c.529 §1; 1971 c.644 §1; 1973 c.836 §276; 1977 c.752 §2; 1989 c.790 §21a; 1997 c.852 §11; 1999 c.946 §2; 2001 c.870 §4; 2011 c.379 §1; 2017 c.529 §4; renumbered 138.045 in 2017] 138.065Appeal from judgment or order deciding special statutory proceeding 138.070[Repealed by 1971 c.565 §20 (138.071 enacted in lieu of 138.070)] 138.071Time within which appeal must be taken 138.080[Amended by 1959 c.558 §37; 1969 c.198 §65; 1971 c.193 §28; repealed by 1971 c.565 §22 (138.081 enacted in lieu of 138.080)] 138.081Service and filing of notice of appeal 138.083[1989 c.790 §20; 1995 c.109 §1; 1997 c.389 §2; 2003 c.576 §165; 2007 c.547 §3; 2013 c.153 §1; repealed by 2017 c.529 §26] 138.085Content requirements for certain notices of appeal 138.090Signature to notice of appeal 138.100[Amended by 1959 c.558 §38; 1961 c.101 §1; repealed by 1971 c.565 §1] 138.105Appeal by defendant 138.110[Amended by 1963 c.324 §1; 1971 c.565 §24; repealed by 2017 c.529 §26] 138.115Appeal by state 138.120[Repealed by 2017 c.529 §26] 138.125[2013 c.151 §1; renumbered 138.285 in 2017] 138.130[Repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)] 138.135[1963 c.155 §2 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150); 1967 c.372 §5; 1969 c.198 §66; 1977 c.752 §4; 1999 c.1051 §257; repealed by 2013 c.151 §4] 138.140[Amended by 1953 c.99 §2; 1955 c.660 §19; repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)] 138.145[1963 c.155 §3 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150); 1973 c.836 §277; 1987 c.320 §43; 2003 c.458 §1; renumbered 138.305 in 2017] 138.150[Repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)] 138.160[Amended by 1959 c.638 §20; 1973 c.836 §278; renumbered 138.295 in 2017] 138.170[Repealed by 1959 c.638 §26] 138.180[Repealed by 1959 c.558 §51] 138.185[1959 c.558 §39; 1969 c.198 §67; 1971 c.193 §29; 1971 c.565 §25; 1985 c.734 §19; 1987 c.852 §2; 1997 c.389 §26; 2017 c.529 §9; renumbered 138.015 in 2017] 138.190[Repealed by 1959 c.558 §51] 138.200[Repealed by 1959 c.558 §51] 138.210Failure to file brief by appellant; appearance by defendant 138.220[Amended by 1959 c.558 §40; repealed by 2017 c.529 §26] 138.222[1989 c.790 §21; 1993 c.692 §2; 1993 c.698 §1; 1997 c.852 §9; 2001 c.644 §3; 2003 c.737 §102; 2005 c.563 §1; repealed by 2017 c.529 §26] 138.225Summary affirmation 138.227Joint motion to vacate and remand 138.230[Repealed by 2017 c.529 §26] 138.240[Repealed by 2017 c.529 §26] 138.250[Amended by 1973 c.836 §279; repealed by 2017 c.529 §26] 138.255Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review 138.257Determination on appeal 138.260[Repealed by 1981 c.178 §18] 138.261Time within which certain appeals must be decided 138.265[1981 c.178 §6; repealed by 1985 c.734 §20] 138.270[Amended by 1981 c.178 §7; repealed by 1985 c.734 §20] 138.275Notice to parties concerning modified judgment or order or supplemental judgment 138.280[Amended by 1959 c.558 §41; 1981 c.178 §8; repealed by 1985 c.734 §20] 138.285Order staying execution of sentence 138.290[Amended by 1981 c.178 §9; repealed by 1985 c.734 §20] 138.295Stay of judgment or order on appeal by state; release 138.300[Amended by 1969 c.198 §68; 1983 c.763 §15; repealed by 2017 c.529 §26] 138.305Delivery of defendant under sentence of imprisonment to intake center 138.310Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation 138.410[Formerly 138.810; repealed by 1967 c.372 §13] 138.420[Formerly 138.820; repealed by 1967 c.372 §13] 138.430[Formerly 138.830: repealed by 1967 c.372 §13] 138.440[Formerly 138.840; 1961 c.480 §1; repealed by 1967 c.372 §13] 138.480Oregon Public Defense Commission to provide representation for prisoner in proceeding before appellate court 138.490[1963 c.600 §11; 1969 c.198 §70; 1977 c.752 §5; 1979 c.867 §2; 1981 s.s. c.3 §125; 1985 c.502 §22; 1989 c.1053 §5; 1993 c.33 §302; 2001 c.962 §104; repealed by 2001 c.962 §115] 138.500Appointment of counsel and furnishing of transcript for appellant without funds; compensation 138.504Waiver of counsel; appointment of legal advisor 138.510Persons who may file petition for relief; time limit 138.520Relief which court may grant 138.525Dismissal of meritless petition 138.527Frivolous petition or response; attorney fees 138.530When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected 138.540Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies 138.550Availability of relief as affected by prior judicial proceedings 138.560Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings 138.570Who shall be named as defendant; counsel for defendant 138.580Petition 138.585Access to confidential jury records 138.590Petitioner may proceed as a financially eligible person 138.600[1959 c.636 §10; repealed by 1997 c.872 §6] 138.610Pleadings 138.615Disclosure of witness information 138.620Hearing 138.622Appearance by communication device 138.625Victim testimony; contact with victim 138.627Victim’s rights 138.630Evidence of events occurring at trial of petitioner 138.640Judgment; enforcement 138.650Appeal 138.660Summary affirmation of judgment; dismissal of appeal 138.665Remand for reconsideration of judgment or order; appeal 138.670Admissibility, at new trial, of testimony of witness at first trial 138.680Short title 138.685[1991 c.885 §3; repealed by 1999 c.1055 §15] 138.686Automatic stay of sentence of death for federal appeal and state post-conviction relief 138.687[1991 c.885 §4; repealed by 1999 c.1055 §15] 138.688Definitions 138.690Commencement of DNA testing proceedings; discovery 138.692Motion for DNA testing; declaration; court order; costs 138.694Appointed counsel 138.696Test results; motion for new trial 138.697Appeal of court order 138.698Effect of setting aside conviction on plea agreement 138.700Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order 138.710[1963 c.600 §1; renumbered 151.210] 138.720[1963 c.600 §2; 1969 c.314 §6; renumbered 151.270] 138.730[1963 c.600 §3; renumbered 151.280] 138.740[1963 c.600 §4(1),(3),(4),(5),(6),(7); renumbered 151.220] 138.750[Subsection (1) enacted as 1963 c.600 §4(2); subsection (2) enacted as 1963 c.600 §5(4); 1967 c.35 §1; 1969 c.644 §1; 1971 c.642 §3; renumbered 151.230] 138.760[1963 c.600 §5(1),(2),(3); renumbered 151.240] 138.770[1963 c.600 §6; 1967 c.372 §6; renumbered 151.250] 138.780[1963 c.600 §7; renumbered 151.260] 138.790[1963 c.600 §13; renumbered 151.290] 138.810[1955 c.662 §2; 1959 c.558 §42; renumbered 138.410] 138.820[1955 c.662 §3; 1959 c.558 §43; renumbered 138.420] 138.830[1955 c.662 §4; renumbered 138.430] 138.840[1955 c.662 §5; 1959 c.558 §44; renumbered 138.440]

Chapter 138 — Appeals; Post-Conviction Relief

ORS 138.696 Test results; motion for new trial

(1)

If DNA testing ordered under ORS 138.692 produces inconclusive evidence or evidence that is unfavorable to the person requesting the testing:

(a)

The court shall forward the results to the State Board of Parole and Post-Prison Supervision; and

(b)

The Department of State Police shall compare the evidence to DNA evidence from unsolved crimes in the Combined DNA Index System.

(2)

If DNA testing ordered under ORS 138.692 produces exculpatory evidence, the person who requested the testing may file in the court that ordered the testing a motion for a new trial based on newly discovered evidence. Notwithstanding the time limit established in ORCP 64 F, a person may file a motion under this subsection at any time during the 60-day period that begins on the date the person receives the test results.

(3)

Upon receipt of a motion filed under subsection (2) of this section and notwithstanding the time limits in ORCP 64 F, the court shall hear the motion pursuant to

ORCP 64.

(4)

If the court orders a new trial in response to a motion described in this section, the district attorney shall notify the victim.

Note: See note under 138.688.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.