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 […]
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 138.610 – Pleadings.
Within 30 days after the docketing of the petition, or within any further time the court may fix, the defendant shall respond by demurrer, answer or motion. No further pleadings shall be filed except as the court may order. The court may grant leave, at any time prior to entry of judgment, to withdraw the […]
Section 138.615 – Disclosure of witness information.
(1) In any proceeding for post-conviction relief pursuant to ORS 138.510 to 138.680, a party shall provide to the other party, upon written request of the other party or an order of the court, the identity of and, except as provided in subsection (5) of this section, the contact information for any person who is […]
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 […]