reglab/housing_qa huggingface dataset:
OR Rev Stat § 138.295 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.295 - Stay of judgment or order on appeal by state; release.

An appeal taken by the state stays the effect of the judgment or order in favor of the defendant, so that the release agreement and, if applicable, the security for release, is held for the appearance and surrender of the defendant until the final determination of the appeal and the proceedings consequent thereon, if any; but if the defendant is in custody, the defendant may be released by the court subject to ORS 135.230 to 135.290, pending the appeal. [Formerly 138.160]
OR Rev Stat § 138.305 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.305 - Delivery of defendant under sentence of imprisonment to intake center.

If the confinement designated by the court is the custody of the Department of Corrections, the defendant may be taken to a designated intake center during normal business hours unless prior arrangements have been made with the department. To the extent possible, the county taking a defendant to a designated intake center shall notify the department one business day prior to the defendant’s arrival. The county may not take the defendant to a designated intake center if the court has ordered the retention of the defendant at the place of original custody for the period of time deemed necessary by the court for preparation of an appeal. [Formerly 138.145]
OR Rev Stat § 138.310 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.310 - Notice to court below when public defense services executive director certifies costs, expenses or compensation.

When the public defense services executive director pays costs, expenses or compensation under ORS 138.500 (5) on appeal in a criminal action, the public defense services executive director shall notify the court below of the costs, expenses and compensation paid in order that the court below may exercise its discretion under ORS 151.505 or 161.665 (2). [1983 c.763 §14; 1989 c.1053 §10; 1991 c.790 §16; 1997 c.761 §11; 2001 c.962 §69; 2007 c.291 §2]
OR Rev Stat § 138.480 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.480 - Public Defense Services Commission to provide representation for prisoner in proceeding before appellate court.

The Supreme Court or the Court of Appeals may, in its discretion, at the request of an individual who is deprived of liberty by a judgment, is without means to retain an attorney and is without the aid of an attorney, direct the Public Defense Services Commission to provide representation for the individual in a proceeding before it to test the validity of that judgment. [1963 c.600 §10; 1969 c.198 §69; 2001 c.962 §28]
OR Rev Stat § 138.504 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.504 - Waiver of counsel; appointment of legal advisor.

(1) If the defendant wishes to waive counsel in the appeal of a criminal action to the Court of Appeals or on review of a criminal action by the Supreme Court, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense. (2) If the court accepts a defendant’s waiver of counsel, the court may allow an attorney to serve as the defendant’s legal advisor and, if the defendant is financially eligible for appointed counsel at state expense, may appoint an attorney as the defendant’s legal advisor. (3) If the court declines to accept a defendant’s waiver of counsel under subsection (1) of this section, the court shall give the defendant a reasonable opportunity, as prescribed by order or rule of the court, to file a brief on the defendant’s own behalf. [2001 c.472 §2; 2001 c.962 §29a] Note: 138.504 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 § 138.510 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.510 - Persons who may file petition for relief; time limit.

(1) Except as otherwise provided in ORS 138.540, any person convicted of a crime under the laws of this state may file a petition for post-conviction relief pursuant to ORS 138.510 to 138.680. (2) A petition for post-conviction relief may be filed by one person on behalf of another person who has been convicted of aggravated murder and sentenced to death only if the person filing the petition demonstrates by a preponderance of the evidence that: (a) The person sentenced to death is unable to file a petition on the person’s own behalf due to mental incapacity or because of a lack of access to the court; and (b) The person filing the petition has a significant relationship with the person sentenced to death and will act in the best interest of the person on whose behalf the petition is being filed. (3) A petition pursuant to ORS 138.510 to 138.680 must be filed within two years of the following, unless the court on hearing a subsequent petition finds grounds for relief asserted which could not reasonably have been raised in the original or amended petition: (a) If no appeal is taken, the date the judgment or order on the conviction was entered in the register. (b) If an appeal is taken, the date the appeal is final in the Oregon appellate courts. (c) If a petition for certiorari to the United States Supreme Court is filed, the later of: (A) The date of denial of certiorari, if the petition is denied; or (B) The date of entry of a final state court judgment following remand from the United States Supreme Court. (4) A one-year filing period shall apply retroactively to petitions filed by persons whose convictions and appeals became final before August 5, 1989, and any such petitions must be filed within one year after November 4, 1993. A person whose post-conviction petition was dismissed prior to November 4, 1993, cannot file another post-conviction petition involving the same case. (5) The remedy created by ORS 138.510 to 138.680 is available to persons convicted before May 26, 1959. (6) In any post-conviction proceeding pending in the courts of this state on May 26, 1959, the person seeking relief in such proceedings shall be allowed to amend the action and seek relief under ORS 138.510 to 138.680. If such person does not choose to amend the action in this manner, the law existing prior to May 26, 1959, shall govern the case. [1959 c.636 §§1,16,17; 1989 c.1053 §18; 1993 c.517 §1; 1999 c.1055 §7; 2007 c.292 §1]
OR Rev Stat § 138.520 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.520 - Relief which court may grant.

The relief which a court may grant or order under ORS 138.510 to 138.680 shall include release, new trial, modification of sentence, and such other relief as may be proper and just. The court may also make supplementary orders to the relief granted, concerning such matters as rearrangement, retrial, custody and release on security. [1959 c.636 §2; 1999 c.1051 §258]
OR Rev Stat § 138.525 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.525 - Dismissal of meritless petition.

(1) The court may, on its own motion or on the motion of the defendant, enter a judgment denying a meritless petition brought under ORS 138.510 to 138.680. (2) As used in this section, "meritless petition" means one that, when liberally construed, fails to state a claim upon which post-conviction relief may be granted. (3) Notwithstanding ORS 138.650, a judgment dismissing a meritless petition is not appealable. (4) A dismissal is without prejudice if a meritless petition is dismissed without a hearing and the petitioner was not represented by counsel. [1993 c.517 §3]
OR Rev Stat § 138.527 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.527 - Frivolous petition or response; attorney fees.

(1) In addition to any other relief a court may grant or order under ORS 138.510 to 138.680, the court shall award attorney fees to the prevailing party if the court finds that the other party’s petition or response was frivolous. (2) An award of attorney fees under this section may not exceed $100. (3) If the party required to pay attorney fees is an adult in the custody of a correctional institution, the fees may be drawn from, or charged against, the trust account of the adult in custody. [1995 c.657 §3; 2019 c.213 §23] Note: 138.527 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 § 138.530 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.530 - When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected.

(1) Post-conviction relief pursuant to ORS 138.510 to 138.680 shall be granted by the court when one or more of the following grounds is established by the petitioner: (a) A substantial denial in the proceedings resulting in petitioner’s conviction, or in the appellate review thereof, of petitioner’s rights under the Constitution of the United States, or under the Constitution of the State of Oregon, or both, and which denial rendered the conviction void. (b) Lack of jurisdiction of the court to impose the judgment rendered upon petitioner’s conviction. (c) Sentence in excess of, or otherwise not in accordance with, the sentence authorized by law for the crime of which petitioner was convicted; or unconstitutionality of such sentence. (d) Unconstitutionality of the statute making criminal the acts for which petitioner was convicted. (2) Whenever a person petitions for relief under ORS 138.510 to 138.680, ORS 138.510 to 138.680 shall not be construed to deny relief where such relief would have been available prior to May 26, 1959, under the writ of habeas corpus, nor shall it be construed to affect any powers of executive clemency or pardon provided by law. (3) ORS 138.510 to 138.680 shall not be construed to limit the original jurisdiction of the Supreme Court in habeas corpus as provided in the Constitution of this state. [1959 c.636 §§3,5]
OR Rev Stat § 138.540 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.540 - Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies.

(1) Except as otherwise provided in ORS 138.510 to 138.680, a petition pursuant to ORS 138.510 to 138.680 shall be the exclusive means, after judgment rendered upon a conviction for a crime, for challenging the lawfulness of such judgment or the proceedings upon which it is based. The remedy created by ORS 138.510 to 138.680 does not replace or supersede the motion for new trial, the motion in arrest of judgment or direct appellate review of the sentence or conviction, and a petition for relief under ORS 138.510 to 138.680 shall not be filed while such motions or appellate review remain available. With the exception of habeas corpus, all common law post-conviction remedies, including the motion to correct the record, coram nobis, the motion for relief in the nature of coram nobis and the motion to vacate the judgment, are abolished in criminal cases. (2) When a person restrained by virtue of a judgment upon a conviction of crime asserts the illegality of the restraint upon grounds other than the unlawfulness of such judgment or the proceedings upon which it is based or in the appellate review thereof, relief shall not be available under ORS 138.510 to 138.680 but shall be sought by habeas corpus or other remedies, if any, as otherwise provided by law. As used in this subsection, such other grounds include but are not limited to unlawful revocation of parole or conditional pardon or completed service of the sentence imposed. [1959 c.636 §4]
OR Rev Stat § 138.560 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.560 - Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings.

(1) A proceeding for post-conviction relief pursuant to ORS 138.510 to 138.680 shall be commenced by filing a petition with the clerk of the circuit court for the county in which the petitioner is imprisoned or, if the petitioner is not imprisoned, with the clerk of the circuit court for the county in which the petitioner’s conviction and sentence was rendered. Except as otherwise provided in ORS 138.590, the petitioner must pay the filing fee established under ORS 21.135 at the time of filing a petition under this section. If the petitioner prevails, the petitioner shall recover the fee pursuant to the Oregon Rules of Civil Procedure. The clerk of the court in which the petition is filed shall enter and file the petition and bring it promptly to the attention of such court. A copy of the petition need not be served by petitioner on the defendant, but, in lieu thereof, the clerk of the court in which the petition is filed shall immediately forward a copy of the petition to the Attorney General or other attorney for the defendant named in ORS 138.570. (2) For the purposes of ORS 138.510 to 138.680, a person released on parole, post-prison supervision or conditional pardon shall be deemed to be imprisoned in the institution from which the person was released. (3) Except when petitioner’s conviction was for a misdemeanor, the release of the petitioner from imprisonment during the pendency of proceedings instituted pursuant to ORS 138.510 to 138.680 shall not cause the proceedings to become moot. Such release of petitioner shall not change the venue of the proceedings out of the circuit court in which the proceedings were commenced and shall not affect the power of such court to transfer the proceedings as provided in subsection (4) of this section. (4) Whenever the petitioner is imprisoned in a Department of Corrections institution and the circuit court for the county in which the petitioner is imprisoned finds that the hearing upon the petition can be more expeditiously conducted in the county in which the petitioner was convicted and sentenced, the circuit court upon its own motion or the motion of a party may order the petitioner’s case to be transferred to the circuit court for the county in which petitioner’s conviction and sentence were rendered. The court’s order is not reviewable by any court of this state. (5) When a petitioner who is imprisoned in a Department of Corrections institution is transferred to another Department of Corrections institution, the circuit court in which a post-conviction relief proceeding is pending may deny a motion for a change of venue to the county where the petitioner is transferred. The court’s order is not reviewable by any court of this state. [1959 c.636 §6; 1983 c.505 §14; 1987 c.320 §44; 1991 c.249 §17; 1995 c.273 §20; 1995 c.657 §4; 2003 c.261 §1; 2003 c.737 §§65,66; 2005 c.702 §§77,78,79; 2011 c.595 §57; 2015 c.119 §1; 2019 c.399 §2]
OR Rev Stat § 138.570 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.570 - Who shall be named as defendant; counsel for defendant.

If the petitioner is imprisoned, the petition shall name as defendant the official charged with the confinement of petitioner. If the petitioner is not imprisoned, the defendant shall be the State of Oregon. Whenever the defendant is the superintendent of a Department of Corrections institution, the Attorney General shall act as the superintendent’s attorney in the proceedings. Whenever the defendant is some other official charged with the confinement of petitioner, the district attorney of the county wherein the petitioner is imprisoned shall be the attorney for the defendant. Whenever petitioner is not imprisoned, counsel for the State of Oregon as defendant shall be the district attorney of the county in which petitioner’s conviction and sentence were rendered. Whenever the petitioner is released from imprisonment during the pendency of any proceedings pursuant to ORS 138.510 to 138.680, the State of Oregon shall be substituted as defendant. Upon such substitution, counsel for the original defendant shall continue to serve as counsel for the substituted defendant. [1959 c.636 §7; 1983 c.505 §15; 1987 c.320 §45]
OR Rev Stat § 138.580 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.580 - Petition.

The petition shall be certified by the petitioner. Facts within the personal knowledge of the petitioner and the authenticity of all documents and exhibits included in or attached to the petition must be sworn to affirmatively as true and correct. The Supreme Court, by rule, may prescribe the form of the certification. The petition shall identify the proceedings in which petitioner was convicted and any appellate proceedings thereon, give the date of entry of judgment and sentence complained of and identify any previous post-conviction proceedings that the petitioner has undertaken to secure a post-conviction remedy, whether under ORS 138.510 to 138.680 or otherwise, and the disposition thereof. The petition shall set forth specifically the grounds upon which relief is claimed and shall state clearly the relief desired. All facts within the personal knowledge of the petitioner shall be set forth separately from the other allegations of fact and shall be certified as provided in this section. Except as provided in rules adopted under ORS 1.002, affidavits, records or other documentary evidence supporting the allegations of the petition shall be attached to the petition. Argument, citations and discussion of authorities shall be omitted from the petition but may be submitted in a separate memorandum of law. [1959 c.636 §8; 1991 c.885 §1; 1993 c.517 §4; 2015 c.119 §2]
OR Rev Stat § 138.585 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.585 - Access to confidential jury records.

(1) A person who files a petition for post-conviction relief under ORS 138.510 to 138.680 and who seeks jury records that are confidential under ORS 10.215 must either include in the petition a request for access to the confidential records or file a motion in the proceedings seeking access to the confidential records. A motion under this subsection must be filed not later than 90 days before the hearing date for the petition, unless the court allows a later filing for good cause shown. The petition or motion, and any supporting affidavit for the petition or motion, must be served on the trial court administrator for the court that entered the judgment of conviction and on the State Court Administrator. The request for confidential records must: (a) Specify the purpose for which the jury records are sought; and (b) Identify with particularity the relevant jury records sought to be released, including the type and time period of the records. (2) The court in the post-conviction relief proceeding may order release of the jury records if the court finds that: (a) The jury records sought are likely to produce evidence relevant to a claim of a substantial denial of the petitioner’s rights under the Constitution of the United States, or under the Constitution of the State of Oregon, or both; and (b) Production of the jury records is not unduly burdensome. (3) An order under subsection (2) of this section may include, but need not be limited to: (a) A requirement that the petitioner provide advance payment to the trial court administrator for the court that entered the judgment of conviction and, if applicable, the State Court Administrator for the reasonable costs of providing copies of the jury records; and (b) Restrictions on further disclosure of the jury records including, but not limited to: (A) A requirement that the petitioner return all originals and copies to the court at the conclusion of the proceeding; (B) A requirement that the jury records may be used only for the purpose of supporting the petition for post-conviction relief; (C) A prohibition against distributing the jury records to a person who is not an agent or representative of the petitioner; and (D) A prohibition against contacting or attempting to contact the persons whose names appear on the jury records without specific authorization of the court. (4) The trial court administrator for the court that entered the judgment of conviction or the State Court Administrator may intervene at any time as a matter of right as to any issues relating to the release of jury records under this section. (5) The procedure established by this section is the exclusive means for compelling production of confidential jury records as evidence in post-conviction relief proceedings. The procedure established by ORS 10.275 is the exclusive means for compelling production of confidential jury records as evidence relevant to a challenge to a jury panel under ORS 136.005 or ORCP 57A. [2011 c.308 §2]
OR Rev Stat § 138.610 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|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 petition. The court may make appropriate orders as to the amendment of the petition or any other pleading, or as to the filing of further pleadings, or as to extending the time of the filing of any pleading other than the original petition. [1959 c.636 §11]