reglab/housing_qa huggingface dataset:
OR Rev Stat § 138.615 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 a potential witness, whether the person may be called to testify at the proceeding or provide sworn written testimony. (2) Unless otherwise ordered by the court, the disclosure required by subsection (1) of this section concerning any witness that a party may use at the proceeding to present evidence under ORS 40.410, 40.415 or 40.420 must be accompanied by a written report that is prepared and signed by the witness. The report must contain: (a) A complete statement of all opinions the witness intends to assert as an expert witness; and (b) The data or other information considered by the witness in forming the opinions. (3) The disclosures required by subsections (1) and (2) of this section must be made according to timelines established by the court in each case. (4) Upon being apprised of any breach of the duty imposed under subsections (1) and (2) of this section, and after taking into account the reason, if any, for the breach and the prejudice, if any, to the other party, the court may grant a continuance, refuse to permit a witness not properly disclosed from testifying, refuse to receive in evidence the material not disclosed, impose costs incurred by the other party as a result of the breach or enter such other order as the court considers appropriate. (5) Unless ordered by the court, the defendant shall not disclose to the petitioner any personal identifiers, as defined in ORS 135.815, of the victim. (6) Upon the request of either party, the court may enter a protective order as provided in ORS 135.873. [2013 c.226 §2]
OR Rev Stat § 138.620 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 the hearing by counsel. At the hearing upon issues raised by any other response, the circuit court shall order that petitioner be present. Whenever the court orders that petitioner be present at the hearing, the court may order that petitioner appear by telephone or other communication device as provided in ORS 138.622 rather than in person. (2) If the petition states a ground for relief, the court shall decide the issues raised and may receive proof by affidavits, depositions, oral testimony or other competent evidence. The burden of proof of facts alleged in the petition shall be upon the petitioner to establish such facts by a preponderance of the evidence. [1959 c.636 §12; 1996 c.4 §4; 2003 c.261 §4]
OR Rev Stat § 138.622 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 or other communication device unless the facilities used enable the petitioner to consult privately with the petitioner’s counsel during the proceedings. [2003 c.261 §3]
OR Rev Stat § 138.625 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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. (3) The court may not grant an order allowing a subpoena under this section unless the petitioner can demonstrate good cause by showing that: (a) The victim’s testimony is material to the post-conviction relief proceeding; (b) The testimony is favorable to the petitioner; and (c) The testimony was not introduced at trial. (4) If the court grants an order allowing a subpoena under this section, upon a request by the victim for no personal contact between the parties, the court may allow the victim to appear by telephone or other communication device approved by the court. (5) If contacted by the petitioner or any agent of the petitioner, the victim must be clearly informed by the petitioner or other contacting agent, either in person or in writing, of the identity and capacity of the person contacting the victim, that the victim does not have to talk to the petitioner’s attorney, or other agents of the petitioner, or provide other discovery unless the victim wishes, and that the victim may have a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact. (6) As used in this section, "victim" has the meaning given that term in ORS 135.970. [2007 c.470 §1; 2013 c.144 §2; 2019 c.399 §3] Note: 138.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 138.627 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.627 - Victim’s rights.

(1) To accord crime victims due dignity and respect, a victim of a crime that is the subject of a petition for post-conviction relief filed under ORS 138.510 to 138.680 has, upon request, the following rights: (a) The right to have the victim’s schedule taken into account in scheduling the post-conviction proceedings; (b) The right to inspect, in advance of the post-conviction proceedings, any public record on which the disposition of the petition will be based; (c) The right to be heard, either orally or in writing, at the hearing; (d) The right to consult with counsel for the state regarding the post-conviction proceeding, including, if applicable, notice of and the opportunity to consult regarding a settlement agreement; and (e) The right to be informed by counsel for the state of the manner in which the petition was disposed. (2) As used in this section, "victim" has the meaning given that term in ORS 131.007. [2010 c.89 §2] Note: 138.627 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 138.630 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.630 - Evidence of events occurring at trial of petitioner.

In a proceeding pursuant to ORS 138.510 to 138.680, events occurring at the trial of petitioner may be shown by a duly authenticated transcript, record or portion thereof. If such transcript or record cannot be produced, the affidavit of the judge who presided at the trial setting forth the facts occurring at the trial shall be admissible in evidence when relevant. When necessary to establish any ground for relief specified in ORS 138.530, the petitioner may allege and prove matters in contradiction of the record of the trial of the petitioner. When the record is so contradicted, the defendant may introduce in evidence any evidence which was admitted in evidence at the trial to support the contradicted matter and may call witnesses whose testimony at such trial supported the contradicted matter. Whenever such evidence or such witnesses cannot be produced by defendant for any reason which is sufficient in the opinion of the court, such parts of the duly authenticated record of the trial as support the contradicted matter may be introduced in evidence by the defendant. A duly authenticated record of the testimony of any witness at the trial may be introduced in evidence to impeach the credibility of any testimony by the same witness in the hearing upon the petition. [1959 c.636 §13]
OR Rev Stat § 138.640 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.640 - Judgment; enforcement.

(1) After deciding the issues raised in the proceeding, the court shall enter a judgment denying the petition or granting the appropriate relief. The judgment may include orders as provided in ORS 138.520. The judgment must clearly state the grounds on which the cause was determined, and whether a state or federal question was presented and decided. (2) If the court grants the petitioner relief, the judgment is not enforceable in the petitioner’s favor until: (a) The petitioner causes a certified copy of the judgment to be entered in the circuit court in which the petitioner’s conviction and sentence were rendered; and (b) The petitioner serves a certified copy of the judgment on the district attorney of the county in which the petitioner’s conviction and sentence were rendered. [1959 c.636 §14; 2003 c.576 §245; 2007 c.193 §2]
OR Rev Stat § 138.660 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 finds that no substantial question of law is presented by the appeal. Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny or, if the petitioner does not oppose the motion, grant a respondent’s motion for summary affirmation. A dismissal of the appeal under this section shall constitute a decision upon the merits of the appeal. [1959 c.636 §19; 1963 c.557 §2; 1969 c.198 §73; 1995 c.295 §4]
OR Rev Stat § 138.665 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 judgment or order. (2) After entry of a modified judgment or order on reconsideration, or upon reentry of the original judgment or order, either party may appeal in the same time and manner as an appeal from the original judgment or order. [2015 c.12 §1] Note: 138.665 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 138.670 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 be produced at the new trial for other sufficient cause. Such transcript shall not be admissible in any other respect, except that the transcript of testimony of a witness at the first trial may be used at the new trial to impeach the testimony at the new trial by the same witness. [1959 c.636 §20]
OR Rev Stat § 138.680 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.680 - Short title.

ORS 138.510 to 138.680 may be cited as the Post-Conviction Hearing Act. [1959 c.636 §21]
OR Rev Stat § 138.686 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 after the effective date of the appellate judgment or within such other time as allowed by the United States Supreme Court, execution of the sentence of death is automatically stayed until the United States Supreme Court denies the petition or grants the petition and resolves the merits. (3) Upon final resolution of a petition for certiorari to the United States Supreme Court, execution of the sentence of death is automatically stayed for 30 days after the date the petition is resolved to allow the defendant to file a notice in the circuit court of the county in which the defendant is imprisoned attesting to the defendant’s intent to file a petition for post-conviction relief. If the defendant files a first petition for post-conviction relief within 90 days after the notice provided for in this subsection, the execution of the sentence of death is stayed until the post-conviction petition is finally resolved. If a first petition for post-conviction relief is not filed within 90 days after the notice provided for in this subsection, the defendant may apply to the circuit court in which the notice was filed to extend the stay. The circuit court shall extend the stay for a reasonable time upon the defendant’s showing that progress is being made in the preparation of the petition and that it will be filed within a reasonable time. (4) If the defendant does not file a petition for certiorari seeking United States Supreme Court review of the sentence of death but does file a first petition for post-conviction relief within 90 days after the date upon which the appellate judgment becomes effective, execution of the sentence of death is stayed until the petition for post-conviction relief is finally resolved. [1999 c.1055 §6] Note: 138.686 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 138.688 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 was committed. (4) "Federal standards" means the Federal Bureau of Investigation Quality Assurance Standards for Forensic DNA Testing Laboratories, as modified or amended by the Federal Bureau of Investigation, or any successor standards adopted by the Federal Bureau of Investigation. (5) "National DNA Index System" or "NDIS" means a national, searchable DNA database created and maintained by the Federal Bureau of Investigation where DNA profiles are stored. (6) "NDIS manual" means the Federal Bureau of Investigation’s NDIS Operational Procedures Manual, as modified or amended by the Federal Bureau of Investigation, or any successor operational procedures manual. (7) "NDIS-participating laboratory" means a forensic laboratory that has been designated to operate CODIS and participate in the National DNA Index System. (8) "Nonparticipating laboratory" means a laboratory that does not participate in the National DNA Index System but that is accredited by a nonprofit organization and meets federal standards. (9) "State DNA index system" means a statewide, searchable DNA database created and maintained by the Department of State Police where DNA profiles are stored. [2019 c.368 §2] Note: 138.688 to 138.700 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 138.690 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 specific evidence, if the person has been convicted of aggravated murder or a felony in which DNA evidence could exist and is related to the investigation or prosecution that resulted in the judgment of conviction. (2) After proceedings have been commenced under subsection (1) of this section: (a) Upon motion of the person, the court shall order that the person be provided with a copy of property and evidence control and disposition records for all evidence related to the investigation or prosecution that resulted in the judgment of conviction. If forensic testing on the evidence has previously occurred, the court shall further order that the person be provided with access to the results of the testing and to any other written materials related to the testing, including reports, underlying data, notes and protocols. (b) Upon motion of the person and a showing that good faith efforts to obtain discovery materials from prior defense counsel were made and were unsuccessful, the court shall order that the person be provided reasonable access to discovery materials in the possession of the district attorney and law enforcement agencies that the person would have received under ORS 135.815 prior to trial. (3) At any time after a person files a petition under subsection (1) of this section, the person may file a motion to dismiss the proceeding on the grounds that the person does not wish to proceed with DNA testing. Upon receipt of the motion, the court shall dismiss the petition without prejudice. (4) The court may not charge a fee for any filing under ORS 138.688 to 138.700. (5) The State Court Administrator shall develop forms for proceedings under ORS 138.688 to 138.700. The State Court Administrator shall provide the forms to the clerk of each circuit court, who shall make the forms available to the public. (6) ORS 138.688 to 138.700 are not the exclusive means by which a person convicted of a crime may obtain post-conviction DNA testing, and nothing in ORS 138.688 to 138.700 limits or affects any other means by which a person convicted of a crime may obtain post-conviction DNA testing. (7) If the victim did not request notification under ORS 147.433, the district attorney may provide notification upon the filing of a petition under this section if the name and address of the victim are known to the district attorney. [2001 c.697 §1; 2005 c.759 §1; 2007 c.800 §1; 2015 c.564 §1; 2019 c.368 §3] Note: See note under 138.688.
OR Rev Stat § 138.694 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 expense to assist the person in determining whether to file a motion under ORS 138.692. The petition must be accompanied by: (a) A completed affidavit of eligibility for appointment of counsel at state expense; and (b) An affidavit stating that: (A) The person meets the criteria in ORS 138.690; (B) The person is innocent of the charge for which the person was convicted; and (C) The person is without sufficient funds and assets, as shown by the affidavit required by paragraph (a) of this subsection, to hire an attorney to represent the person in determining whether to file a motion under ORS 138.692. (3) The court shall grant a petition filed under this section if: (a) The petitioner complies with the requirements of subsection (2) of this section; and (b) It appears to the court that the petitioner is financially unable to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the matter. (4) An attorney appointed under this section: (a) If other than counsel provided pursuant to ORS 151.460, is entitled to compensation and expenses as provided in ORS 135.055; or (b) If counsel provided pursuant to ORS 151.460, is entitled to expenses as provided in ORS 135.055. [2001 c.697 §4; 2007 c.800 §3; 2015 c.564 §3; 2019 c.368 §5] Note: See note under 138.688.
OR Rev Stat § 138.696 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 in the Combined DNA Index System. (2) If DNA testing ordered under ORS 138.692 produces exculpatory evidence, the person who requested the testing may file in the court that ordered the testing a motion for a new trial based on newly discovered evidence. Notwithstanding the time limit established in ORCP 64 F, a person may file a motion under this subsection at any time during the 60-day period that begins on the date the person receives the test results. (3) Upon receipt of a motion filed under subsection (2) of this section and notwithstanding the time limits in ORCP 64 F, the court shall hear the motion pursuant to ORCP 64. (4) If the court orders a new trial in response to a motion described in this section, the district attorney shall notify the victim. [2001 c.697 §3; 2003 c.288 §3; 2015 c.564 §4; 2019 c.368 §6] Note: See note under 138.688.