Section 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]
Section 138.760
[1963 c.600 §5(1),(2),(3); renumbered 151.240]
Section 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 […]
Section 138.697 – Appeal of court order.
(1) A person described in ORS 138.690 may appeal to the Court of Appeals from a circuit court’s final order or judgment denying or limiting DNA testing under ORS 138.692, denying appointment of counsel under ORS 138.694 or denying a motion for a new trial under ORS 138.696. (2) The state may appeal to the […]
Section 138.698 – Effect of setting aside conviction on plea agreement.
When a conviction has been set aside as the result of evidence obtained through DNA testing conducted under ORS 138.692, the prosecution of any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside may be commenced within the later of: (1) The […]
Section 138.700 – Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order.
(1) If DNA testing ordered under ORS 138.692 produces an unidentified DNA profile, upon motion of a party the court may order an NDIS-participating laboratory within this state to: (a) Enter the DNA profile into the National DNA Index System; or (b) Enter the DNA profile into the State DNA Index System if the profile […]
Section 138.710
[1963 c.600 §1; renumbered 151.210]
Section 138.650 – Appeal.
(1) Either the petitioner or the defendant may appeal to the Court of Appeals within 30 days after the entry of a judgment on a petition pursuant to ORS 138.510 to 138.680. The manner of taking the appeal and the scope of review by the Court of Appeals and the Supreme Court shall be the […]
Section 138.660 – Summary affirmation of judgment; dismissal of appeal.
In reviewing the judgment of the circuit court in a proceeding pursuant to ORS 138.510 to 138.680, the Court of Appeals on its own motion or on motion of respondent may summarily affirm, after submission of the appellant’s brief and without submission of the respondent’s brief, the judgment on appeal without oral argument if it […]
Section 138.665 – Remand for reconsideration of judgment or order; appeal.
(1) Upon joint motion of the parties to an appeal in a post-conviction relief proceeding, the court may vacate the judgment or order from which the appeal was taken and remand the matter to the circuit court to reconsider the judgment or order. Upon remand, the circuit court shall have jurisdiction to enter a revised […]