ORS Chapter 138: Appeals; Post-Conviction Relief

§ 138.005 Definitions for ORS 138.010 to 138.310 § 138.010 Mode of review; abolition of writs of error and certiorari § 138.015 Statutes applicable to appeals § 138.020 Who may appeal § 138.030 Parties designated “appellant” and “respondent”; title of action § 138.035 Appeal by defendant § 138.045 Appeal by state § 138.052 Appeal from judgment of conviction and sentence of death; direct review by Supreme Court § 138.057 Appeal from judgment involving violation § 138.065 Appeal from judgment or order deciding special statutory proceeding § 138.071 Time within which appeal must be taken § 138.081 Service and filing of notice of appeal § 138.085 Content requirements for certain notices of appeal § 138.090 Signature to notice of appeal § 138.105 Appeal by defendant § 138.115 Appeal by state § 138.210 Failure to file brief by appellant; appearance by defendant § 138.225 Summary affirmation § 138.227 Joint motion to vacate and remand § 138.255 Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review § 138.257 Determination on appeal § 138.261 Time within which certain appeals must be decided § 138.275 Notice to parties concerning modified judgment or order or supplemental judgment § 138.285 Order staying execution of sentence § 138.295 Stay of judgment or order on appeal by state; release § 138.305 Delivery of defendant under sentence of imprisonment to intake center § 138.310 Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation § 138.480 Oregon Public Defense Commission to provide representation for prisoner in proceeding before appellate court § 138.500 Appointment of counsel and furnishing of transcript for appellant without funds; compensation § 138.504 Waiver of counsel; appointment of legal advisor § 138.510 Persons who may file petition for relief; time limit § 138.520 Relief which court may grant § 138.525 Dismissal of meritless petition § 138.527 Frivolous petition or response; attorney fees § 138.530 When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected § 138.540 Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies § 138.550 Availability of relief as affected by prior judicial proceedings § 138.560 Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings § 138.570 Who shall be named as defendant; counsel for defendant § 138.580 Petition § 138.585 Access to confidential jury records § 138.590 Petitioner may proceed as a financially eligible person § 138.610 Pleadings § 138.615 Disclosure of witness information § 138.620 Hearing § 138.622 Appearance by communication device § 138.625 Victim testimony; contact with victim § 138.627 Victim’s rights § 138.630 Evidence of events occurring at trial of petitioner § 138.640 Judgment; enforcement § 138.650 Appeal § 138.660 Summary affirmation of judgment; dismissal of appeal § 138.665 Remand for reconsideration of judgment or order; appeal § 138.670 Admissibility, at new trial, of testimony of witness at first trial § 138.680 Short title Oregon Laws 2026, ch. 131, § 6 [Post-conviction relief for convictions based on discredited forensic science] § 138.686 Automatic stay of sentence of death for federal appeal and state post-conviction relief § 138.688 Definitions § 138.690 Commencement of DNA testing proceedings; discovery § 138.692 Motion for DNA testing; declaration; court order; costs § 138.694 Appointed counsel § 138.696 Test results; motion for new trial § 138.697 Appeal of court order § 138.698 Effect of setting aside conviction on plea agreement § 138.700 Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order § 138.012 [1999 c.1055 §5; 2001 c.306 §2; renumbered 138.052 in 2017] § 138.040 [Amended by 1959 c.558 §36; 1963 c.207 §1; 1969 c.198 §62; 1971 c.565 §19; 1977 c.372 §13; 1977 c.752 §1; 1985 c.348 §1; 1989 c.849 §4; 2001 c.870 §6; repealed by 2017 c.529 §26] § 138.050 [Amended by 1969 c.198 §63; 1973 c.836 §275a; 1975 c.611 §23; 1977 c.372 §14; 1985 c.342 §20; 1985 c.348 §2; 1989 c.849 §5; 1995 c.658 §78; 1999 c.134 §3; 1999 c.788 §47; 2001 c.644 §1; repealed by 2017 c.529 §26] § 138.053 [1989 c.849 §3; 1993 c.14 §16; 2001 c.644 §2; 2003 c.737 §101; repealed by 2017 c.529 §26] § 138.060 [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] § 138.070 [Repealed by 1971 c.565 §20 (138.071 enacted in lieu of 138.070)] § 138.080 [Amended by 1959 c.558 §37; 1969 c.198 §65; 1971 c.193 §28; repealed by 1971 c.565 §22 (138.081 enacted in lieu of 138.080)] § 138.083 [1989 c.790 §20; 1995 c.109 §1; 1997 c.389 §2; 2003 c.576 §165; 2007 c.547 §3; 2013 c.153 §1; repealed by 2017 c.529 §26] § 138.100 [Amended by 1959 c.558 §38; 1961 c.101 §1; repealed by 1971 c.565 §1] § 138.110 [Amended by 1963 c.324 §1; 1971 c.565 §24; repealed by 2017 c.529 §26] § 138.120 [Repealed by 2017 c.529 §26] § 138.125 [2013 c.151 §1; renumbered 138.285 in 2017] § 138.130 [Repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)] § 138.135 [1963 c.155 §2 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150); 1967 c.372 §5; 1969 c.198 §66; 1977 c.752 §4; 1999 c.1051 §257; repealed by 2013 c.151 §4] § 138.140 [Amended by 1953 c.99 §2; 1955 c.660 §19; repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)] § 138.145 [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] § 138.150 [Repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)] § 138.160 [Amended by 1959 c.638 §20; 1973 c.836 §278; renumbered 138.295 in 2017] § 138.170 [Repealed by 1959 c.638 §26] § 138.180 [Repealed by 1959 c.558 §51] § 138.185 [1959 c.558 §39; 1969 c.198 §67; 1971 c.193 §29; 1971 c.565 §25; 1985 c.734 §19; 1987 c.852 §2; 1997 c.389 §26; 2017 c.529 §9; renumbered 138.015 in 2017] § 138.190 [Repealed by 1959 c.558 §51] § 138.200 [Repealed by 1959 c.558 §51] § 138.220 [Amended by 1959 c.558 §40; repealed by 2017 c.529 §26] § 138.222 [1989 c.790 §21; 1993 c.692 §2; 1993 c.698 §1; 1997 c.852 §9; 2001 c.644 §3; 2003 c.737 §102; 2005 c.563 §1; repealed by 2017 c.529 §26] § 138.230 [Repealed by 2017 c.529 §26] § 138.240 [Repealed by 2017 c.529 §26] § 138.250 [Amended by 1973 c.836 §279; repealed by 2017 c.529 §26] § 138.260 [Repealed by 1981 c.178 §18] § 138.265 [1981 c.178 §6; repealed by 1985 c.734 §20] § 138.270 [Amended by 1981 c.178 §7; repealed by 1985 c.734 §20] § 138.280 [Amended by 1959 c.558 §41; 1981 c.178 §8; repealed by 1985 c.734 §20] § 138.290 [Amended by 1981 c.178 §9; repealed by 1985 c.734 §20] § 138.300 [Amended by 1969 c.198 §68; 1983 c.763 §15; repealed by 2017 c.529 §26] § 138.410 [Formerly 138.810; repealed by 1967 c.372 §13] § 138.420 [Formerly 138.820; repealed by 1967 c.372 §13] § 138.430 [Formerly 138.830: repealed by 1967 c.372 §13] § 138.440 [Formerly 138.840; 1961 c.480 §1; repealed by 1967 c.372 §13] § 138.490 [1963 c.600 §11; 1969 c.198 §70; 1977 c.752 §5; 1979 c.867 §2; 1981 s.s. c.3 §125; 1985 c.502 §22; 1989 c.1053 §5; 1993 c.33 §302; 2001 c.962 §104; repealed by 2001 c.962 §115] § 138.600 [1959 c.636 §10; repealed by 1997 c.872 §6] § 138.685 [1991 c.885 §3; repealed by 1999 c.1055 §15] § 138.687 [1991 c.885 §4; repealed by 1999 c.1055 §15] § 138.710 [1963 c.600 §1; renumbered 151.210] § 138.720 [1963 c.600 §2; 1969 c.314 §6; renumbered 151.270] § 138.730 [1963 c.600 §3; renumbered 151.280] § 138.740 [1963 c.600 §4(1),(3),(4),(5),(6),(7); renumbered 151.220] § 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] § 138.760 [1963 c.600 §5(1),(2),(3); renumbered 151.240] § 138.770 [1963 c.600 §6; 1967 c.372 §6; renumbered 151.250] § 138.780 [1963 c.600 §7; renumbered 151.260] § 138.790 [1963 c.600 §13; renumbered 151.290] § 138.810 [1955 c.662 §2; 1959 c.558 §42; renumbered 138.410] § 138.820 [1955 c.662 §3; 1959 c.558 §43; renumbered 138.420] § 138.830 [1955 c.662 §4; renumbered 138.430] § 138.840 [1955 c.662 §5; 1959 c.558 §44; renumbered 138.440]