As used in ORS 138.010 to 138.310: (1) Unless the context requires otherwise, the terms defined in ORS 19.005 have the meanings set forth in ORS 19.005. (2) “Appealable” means, in reference to a judgment or order rendered by a trial court, that the judgment or order is, by law, subject to appeal by a […]
Writs of error and of certiorari in criminal actions are abolished. The only mode of reviewing a judgment or order in a criminal action is that prescribed by ORS 138.010 to 138.310.
[1999 c.1055 §5; 2001 c.306 §2; renumbered 138.052 in 2017]
The provisions of ORS 19.250, 19.260, 19.270, 19.365, 19.370, 19.380, 19.385, 19.390, 19.395, 19.435, 19.450 and 19.510 and, if the defendant is the appellant, the provisions of ORS 19.420 (3) shall apply to appeals to the Supreme Court and the Court of Appeals. [Formerly 138.185]
Either the state or the defendant may as a matter of right appeal from a judgment in a criminal action in the cases prescribed in ORS 138.010 to 138.310, and not otherwise.
The party appealing is known as the appellant and the adverse party as the respondent; but the title of the action is not changed in consequence of the appeal.
(1)(a) A defendant may take an appeal from the circuit court, or from a municipal court or a justice court that has become a court of record under ORS 51.025 or 221.342, to the Court of Appeals from a judgment: (A) Conclusively disposing of all counts in the accusatory instrument or conclusively disposing of all […]
(1) The state may take an appeal from the circuit court, or from a municipal court or a justice court that has become a court of record under ORS 51.025 or 221.342, to the Court of Appeals from: (a) An order made prior to trial dismissing or setting aside one or more counts in the […]
(1) The judgment of conviction and sentence of death entered under ORS 163.150 (1)(f) is subject to automatic and direct review by the Supreme Court. The review by the Supreme Court has priority over all other cases and shall be heard in accordance with rules adopted by the Supreme Court. (2) Notwithstanding ORS 163.150 (1)(a), […]
(1)(a) If a justice court or municipal court has become a court of record under ORS 51.025 or 221.342, an appeal from a judgment involving a violation shall be as provided in ORS chapter 19 for appeals from judgments entered by circuit courts, except that the standard of review is the same as for an […]
[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]
A party may appeal a judgment or order deciding a special statutory proceeding as provided in ORS 19.205. [2017 c.529 §12]
(1) Except as provided in this section, a notice of appeal must be served and filed not later than 30 days after the judgment or order appealed from was entered in the register. (2) If a motion for new trial or motion in arrest of judgment is timely served and filed, a notice of appeal […]
(1) An appeal shall be taken by causing a notice of appeal in the form prescribed by ORS 19.250 to be served: (a)(A) When the defendant appeals, on the district attorney for the county in which the judgment is entered or, if the appeal is under ORS 221.360, on the plaintiff’s attorney; or (B) When […]
(1) If a defendant appeals a judgment of conviction based only on a plea of guilty or no contest, the notice of appeal must: (a) Include a statement that the defendant has reserved an issue for appeal under ORS 135.335; or (b) Identify a colorable claim of error reviewable under ORS 138.105. (2) If a […]
When the state takes an appeal, the notice of appeal shall be signed by the district attorney for the county or by the Attorney General. When the defendant takes an appeal, the notice of appeal shall be signed by the defendant or an attorney of the court for the defendant. [Amended by 1975 c.119 §1]
(1) On appeal by a defendant, the appellate court has authority to review the judgment or order being appealed, subject to the provisions of this section. (2) The appellate court has authority to review only questions of law appearing on the record. (3) Except as otherwise provided in this section, the appellate court has authority […]
(1) On appeal by the state, the appellate court has authority to review the judgment or order being appealed, subject to the provisions of this section. (2) The appellate court has authority to review only questions of law appearing on the record. (3) Except as otherwise provided in this section, the appellate court has authority […]
[2013 c.151 §1; renumbered 138.285 in 2017]
[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]
