Section 138.670 – Admissibility, at new trial, of testimony of witness at first trial.
In the event that a new trial is ordered as the relief granted in a proceeding pursuant to ORS 138.510 to 138.680, a properly authenticated transcript of testimony in the first trial may be introduced in evidence to supply the testimony of any witness at the first trial who has since died or who cannot […]
Section 138.680 – Short title.
ORS 138.510 to 138.680 may be cited as the Post-Conviction Hearing Act. [1959 c.636 §21]
Section 138.686 – Automatic stay of sentence of death for federal appeal and state post-conviction relief.
(1) The execution of a sentence of death is automatically stayed for 90 days following the effective date of an appellate judgment affirming the sentence of death on automatic and direct review. (2) If the defendant files a petition for certiorari seeking United States Supreme Court review of the sentence of death within 90 days […]
Section 138.688 – Definitions.
As used in ORS 138.688 to 138.700: (1) “CODIS” means the Combined DNA Index System. (2) “DNA” means deoxyribonucleic acid. (3) “Exculpatory results” and “exculpatory evidence” are limited to those DNA test results or evidence that are material to a determination of the identity of the individual who committed the crime, or whether the crime […]
Section 138.690 – Commencement of DNA testing proceedings; discovery.
(1) A person may file in the circuit court in which the judgment of conviction was entered a petition requesting the commencement of a DNA testing proceeding, and requesting that the court appoint an attorney for the purpose of determining whether to file a motion under ORS 138.692 for the performance of DNA testing on […]
Section 138.692 – Motion for DNA testing; declaration; court order; costs.
(1) After a person files a petition under ORS 138.690, the person may file a motion requesting the performance of DNA testing on evidence. The motion must be supported by: (a) A declaration by the person made under penalty of perjury that the person is innocent of the offense for which the person was convicted; […]
Section 138.694 – Appointed counsel.
(1) A person described in ORS 138.690 is entitled to counsel during all stages of the proceedings described in ORS 138.692, 138.696, 138.697 and 138.700. (2) A person described in ORS 138.690 may file a petition in the circuit court in which the judgment of conviction was entered requesting the appointment of counsel at state […]
Section 138.620 – Hearing.
(1) After the response of the defendant to the petition, the court shall proceed to a hearing on the issues raised. If the defendant’s response is by demurrer or motion raising solely issues of law, the circuit court need not order that petitioner be present at such hearing, as long as petitioner is represented at […]
Section 138.622 – Appearance by communication device.
For the purpose of a court appearance under ORS 138.510 to 138.680, the court may approve the appearance of the parties, counsel for the parties or witnesses by telephone or other communication device approved by the court. However, the court may not approve the appearance of the petitioner or counsel for the petitioner by telephone […]
Section 138.625 – Victim testimony; contact with victim.
(1) A petitioner in a post-conviction relief proceeding may not compel a victim to testify, either by deposition, hearing or otherwise, unless the petitioner moves for an order of the court allowing a subpoena. (2) A copy of the motion for a subpoena under this section must be served on the counsel for the defendant. […]