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Section 136.420 – Testimony to be given orally in court; exceptions.

In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except: (1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided in ORS 136.080 to 136.100; […]

Section 136.427 – Confessions; corroboration not required; notice; hearing.

(1) A confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed if: (a) The state files notice in accordance with subsection (3) of this section; (b) The defendant is charged with a crime listed in ORS 163A.005; (c) The victim of the crime […]

Section 136.432 – Limitation on court’s authority to exclude relevant evidence.

A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by: (1) The United States Constitution or the Oregon Constitution; (2) The rules of evidence governing privileges and the admission of […]

Section 136.433 – Proving previous conviction; stipulation; presentation to jury.

(1) Except as provided in ORS 163.111 and 813.326, if an accusatory instrument or the written notice described in ORS 136.765 (2) alleges that the defendant has previously been convicted of an offense, the state has the burden of proving the previous conviction unless the defendant stipulates to that fact. The stipulation must: (a) Be […]

Section 136.434 – Challenge to validity of previous conviction.

(1) Except as provided in ORS 813.328, if an accusatory instrument or the written notice described in ORS 136.765 (2) alleges that the defendant has previously been convicted of an offense, the defendant may challenge the validity of the previous conviction by filing a notice of the defendant’s intent to do so. The notice must: […]

Section 136.437 – Use of evidence in prosecution of prostitution offense.

(1) If a person contacts an emergency communications system or a law enforcement agency to report the commission of a person felony, any statements or other evidence relating to the crime of prostitution under ORS 167.007 obtained as a result of the person making the report may not be used in the prosecution of the […]

Section 136.445 – Motion for acquittal; standard for granting motion; effect.

In any criminal action the defendant may, after close of the state’s evidence or of all the evidence, move the court for a judgment of acquittal. The court shall grant the motion if the evidence introduced theretofore is such as would not support a verdict against the defendant. The acquittal shall be a bar to […]

Section 136.447 – Medical records.

Medical records may be obtained by subpoena as provided in ORCP 55 H and shall be sent only to the court or the clerk of the court before which the matter is pending. In relation to grand jury proceedings, notice need not be given as required in ORCP 55 H and the medical records shall […]