reglab/housing_qa huggingface dataset:
OR Rev Stat § 137.771 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 137 - Judgment and Execution; Parole and Probation by the Court|Section 137.771 - Resentencing hearing; petition; findings; modification of sentence.

(1) No sooner than 10 years after a person sentenced under ORS 137.765 is released to post-prison supervision, the person may petition the sentencing court for a resentencing hearing requesting that the judgment be modified to terminate post-prison supervision. The district attorney of the county must be named and served as a respondent in the petition. The district attorney may file a response either in support of or in opposition to the petition. (2) Upon filing the petition, the court may order an examination as provided in ORS 137.767. If the court orders an examination and the petitioner is financially eligible for appointed counsel at state expense, the court may appoint counsel for the petitioner, as provided in ORS 135.050, if the court determines that there are substantial or complex issues involved and the petitioner appears incapable of self-representation. (3) The court shall review the petition and may hold a hearing on the petition. However, if the state opposes the petition, the court shall hold a hearing on the petition. In determining whether to amend the judgment, the court shall consider: (a) The nature of the crime for which the petitioner was sentenced to lifetime post-prison supervision; (b) The degree of violence involved in the crime; (c) The age of the victim; (d) The petitioner’s prior history of sexual assault; (e) Whether the petitioner continues to have psychopathic personality features or sexually deviant arousal patterns or interests; (f) Other criminal and relevant noncriminal behavior of the petitioner before and after conviction; (g) The period of time during which the petitioner has not reoffended; (h) Whether the petitioner has successfully completed a court-approved sex offender treatment program; and (i) Any other relevant factors. (4) If the court finds by clear and convincing evidence that the petitioner does not present a substantial probability of committing a crime listed in ORS 137.765 (3), the court shall amend the judgment and impose a lesser sentence. (5) The sentencing court retains authority to modify its judgment and sentence to reflect the results of a resentencing hearing ordered under this section. (6) Not less than five years after the denial of a petition under this section, a person sentenced under ORS 137.765 may petition again for a resentencing hearing under subsections (1) to (5) of this section. [1999 c.163 §7; 2001 c.962 §98] Note: See note under 137.765.
OR Rev Stat § 137.924 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 137 - Judgment and Execution; Parole and Probation by the Court|Section 137.924 - Supervisory authority to provide information to agency directors.

When a defendant is committed to the supervisory authority of the county pursuant to ORS 137.124, the supervisory authority shall forward the name, date of birth and Social Security number of the defendant to: (1) The Director of the Employment Department for purposes of making a determination of eligibility under ORS 657.155; (2) The Director of the Oregon Health Authority, or the director’s designee, for the purposes of suspending any medical assistance as defined in ORS 414.025; and (3) The Director of Human Services, or the director’s designee, for the purposes of suspending any public assistance as defined in ORS 411.010. [2011 c.90 §1; 2021 c.58 §2] Note: 137.924 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 138.005 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.005 - Definitions for ORS 138.010 to 138.310.

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 party. (3) "Colorable claim of error" means an argument that is plausible, grounded in the facts of the case, and reasonable under current law or a reasonable extension or modification of current law. (4) "Reviewable" means, in reference to a particular decision of a trial court on appeal from an appealable judgment or order, that the appellate court may, by law, consider the decision and resolve an issue regarding the decision. (5) "Sentence" means all legal consequences established or imposed by the trial court after conviction of an offense, including but not limited to: (a) Forfeiture, imprisonment, cancellation of license, removal from office, monetary obligation, probation, conditions of probation, discharge, restitution and community service; and (b) Suspension of imposition or execution of any part of a sentence, extension of a period of probation, imposition of a new or modified condition of probation or of sentence suspension, and imposition or execution of a sentence upon revocation of probation or sentence suspension. [1959 c.558 §35; 2017 c.529 §1]
OR Rev Stat § 138.010 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.010 - Mode of review; abolition of writs of error and certiorari.

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.
OR Rev Stat § 138.012 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.012

[1999 c.1055 §5; 2001 c.306 §2; renumbered 138.052 in 2017]
OR Rev Stat § 138.015 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.015 - Statutes applicable to appeals.

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]
OR Rev Stat § 138.020 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.020 - Who may appeal.

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.
OR Rev Stat § 138.030 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.030 - Parties designated "appellant" and "respondent"; title of action.

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.
OR Rev Stat § 138.035 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.035 - Appeal by defendant.

(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 counts severed from other counts; (B) Convicting the defendant of at least one count; and (C) Imposing sentence on all counts of which the defendant was convicted. (b) For the purposes of this subsection, if the trial court merges a determination of guilt on one count with a determination of guilt on another count and imposes a sentence on the merged determinations of guilt, the trial court has conclusively disposed of the merged counts. (2)(a) A defendant may appeal a judgment ordering payment of restitution but not specifying the amount of restitution. (b) A defendant may appeal a supplemental judgment awarding restitution. (3) A defendant may appeal a judgment or order extending a period of probation, imposing a new or modified condition of probation or of sentence suspension, or imposing or executing a sentence upon revocation of probation or sentence suspension. (4) A defendant may appeal an amended or corrected judgment entered after the judgment of conviction and sentence. (5) A defendant may cross-appeal when the state appeals pursuant to ORS 138.045 (1)(d). [2017 c.529 §3]
OR Rev Stat § 138.045 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.045 - Appeal by state.

(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 accusatory instrument; (b) An order allowing a demurrer; (c) An order arresting the judgment; (d) An order made prior to trial suppressing evidence; (e) An order made prior to trial for the return or restoration of things seized; (f) For a felony committed on or after November 1, 1989, a judgment, amended judgment or corrected judgment of conviction; (g) For any felony, a judgment, amended judgment, supplemental judgment, corrected judgment or post-judgment order, that denied restitution or awarded less than the amount of restitution requested by the state; (h) An order or judgment in a probation revocation hearing finding that a defendant who was sentenced to probation under ORS 137.712 has not violated a condition of probation by committing a new crime; (i) An order made after a guilty finding dismissing or setting aside one or more counts in the accusatory instrument; or (j) An order granting a new trial. (2) Notwithstanding subsection (1) of this section, when the state chooses to appeal an order described in subsection (1)(a), (b) or (d) of this section, the state shall take the appeal to the Supreme Court if the defendant is charged with murder or aggravated murder. [Formerly 138.060]
OR Rev Stat § 138.052 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.052 - Appeal from judgment of conviction and sentence of death; direct review by Supreme Court.

(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), after automatic and direct review of a conviction and sentence of death the following apply: (a) If a reviewing court finds prejudicial error in the sentencing proceeding only, the court may set aside the sentence of death and remand the case to the trial court. No error in the sentencing proceeding results in reversal of the defendant’s conviction for aggravated murder. Upon remand and at the election of the state, the trial court shall either: (A) Sentence the defendant to imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (1)(c); or (B) Impanel a new sentencing jury for the purpose of conducting a new sentencing proceeding to determine if the defendant should be sentenced to: (i) Death; (ii) Imprisonment for life without the possibility of release or parole as provided in ORS 163.105 (1)(b); or (iii) Imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (1)(c). (b) The new sentencing proceeding is governed by the provisions of ORS 163.150 (1), (2), (3) and (5). A transcript of all testimony and all exhibits and other evidence properly admitted in the prior trial and sentencing proceeding are admissible in the new sentencing proceeding. Either party may recall any witness who testified at the prior trial or sentencing proceeding and may present additional relevant evidence. (c) The provisions of this subsection are procedural and apply to any defendant sentenced to death after December 6, 1984. [Formerly 138.012] Note: 138.052 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 § 138.060 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 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]
OR Rev Stat § 138.065 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.065 - Appeal from judgment or order deciding special statutory proceeding.

A party may appeal a judgment or order deciding a special statutory proceeding as provided in ORS 19.205. [2017 c.529 §12]
OR Rev Stat § 138.081 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.081 - Service and filing of 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 the state appeals, on the attorney of record for the defendant or, if the defendant has no attorney of record, on the defendant; (b) On the trial court transcript coordinator if a transcript is required in connection with the appeal; and (c) On the trial court administrator. (2)(a) If the state cannot effect service on the defendant as provided in subsection (1)(a)(B) of this section, the trial court may order alternative service in accordance with ORCP 7 D(6) on proof of the state’s due diligence in attempting to effect service. (b) Alternative service is not perfected until the time established by the court for response expires and the state files with the appellate court the affidavit or declaration of alternative service. (3) The notice of appeal signed by the appellant, along with proof of service of the notice, must be filed with the administrator of the court to which the appeal is taken. Proof of service of the notice of appeal may either be part of, or accompany, the original notice when filed. [1971 c.565 §23 (enacted in lieu of 138.080); 1985 c.734 §18; 1997 c.389 §9; 2001 c.870 §8; 2017 c.529 §8]
OR Rev Stat § 138.085 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.085 - Content requirements for certain notices of appeal.

(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 defendant appeals from any of the following judgments or orders, the notice of appeal must identify a colorable claim of error reviewable under ORS 138.105. (a) A trial court’s judgment or order: (A) Revoking probation; (B) Extending the period of probation; (C) Imposing a new condition of probation; (D) Modifying an existing condition of probation; or (E) Revoking a sentence suspension; or (b) A judgment resentencing the defendant pursuant to a decision by an appellate court or a circuit court granting post-conviction relief. (3) The requirements of subsections (1) and (2) of this section are not jurisdictional, but the appellate court may dismiss the appeal if the notice of appeal fails to contain the required statement or fails to identify the colorable claim of error and the defendant fails to correct the deficiency after having been given the opportunity to do so. [2017 c.529 §6]
OR Rev Stat § 138.090 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.090 - Signature to notice of appeal.

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]
OR Rev Stat § 138.125 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.125

[2013 c.151 §1; renumbered 138.285 in 2017]
OR Rev Stat § 138.145 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 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]
OR Rev Stat § 138.160 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.160

[Amended by 1959 c.638 §20; 1973 c.836 §278; renumbered 138.295 in 2017]
OR Rev Stat § 138.185 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 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]
OR Rev Stat § 138.210 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.210 - Failure to file brief by appellant; appearance by defendant.

If the appellant fails to file a brief in the appellate court, the court shall dismiss the appeal. The defendant need not personally appear in the appellate court. [Amended by 2017 c.529 §11]
OR Rev Stat § 138.225 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.225 - Summary affirmation.

In reviewing the judgment of any court under ORS 138.010 to 138.310, the Court of Appeals, on its own motion or on the motion of the respondent, may summarily affirm, without oral argument, the judgment after submission of the appellant’s brief and without submission of the respondent’s brief if the court 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 appeal under this section constitutes a decision upon the merits of the appeal. [1995 c.295 §2]
OR Rev Stat § 138.227 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.227 - Joint motion to vacate and remand.

(1) On joint motion of the parties to an appeal in a criminal case, the appellate court may vacate the judgment or order from which the appeal was taken and remand the matter to the trial court to reconsider the judgment or order, or any intermediate decision by the trial court. On remand, the trial court shall have jurisdiction to enter a modified judgment or order, or to reenter the vacated judgment or order. (2) After entry of a judgment or order under subsection (1) of this section, either party may appeal in the same time and manner as an appeal from the original judgment or order. [1995 c.295 §3; 2017 c.529 §16]
OR Rev Stat § 138.255 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.255 - Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review.

(1) An appeal to the Court of Appeals may be certified to the Supreme Court, and the Supreme Court may accept or deny acceptance of the certified appeal, as provided in ORS 19.405. (2) At any time before the State Court Administrator sends notice to the parties of the date of oral argument or, if the case is not orally argued, the date that the State Court Administrator delivers the briefs to the Court of Appeals for decision, a party may request the Supreme Court to take and decide an appeal taken by the state under ORS 138.045 (1). In determining whether to accept an appeal under this subsection, the Supreme Court shall consider, in addition to other factors that the Supreme Court deems appropriate: (a) Whether the defendant is charged with a Class A felony listed under ORS 137.700 or 137.707; (b) The extent to which the case presents speedy trial concerns; and (c) The extent to which the case presents a significant issue of law. [1981 c.550 §4; 2001 c.870 §4c]
OR Rev Stat § 138.257 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.257 - Determination on appeal.

(1) Except as otherwise provided in this section, the appellate court may affirm, reverse, vacate or modify the judgment or order, or any part thereof, from which the appeal was taken. (2) Subject to Article VII (Amended), section 3, Oregon Constitution, the appellate court shall not reverse, modify or vacate a trial court judgment or order if there is little likelihood that any error affected the outcome. (3) Except as provided in subsection (4) of this section, if the court reverses, vacates or modifies a judgment or order, or any part thereof, the court may do so with or without remanding the case and with or without instructions. (4)(a) The appellate court shall remand the case to the trial court: (A) If the appellate court, in a case involving multiple convictions, reverses at least one conviction and affirms at least one other conviction. (B) If the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, committed an error that requires resentencing. (b) In a case remanded under this section, the trial court, after issuance of the appellate judgment, may impose a new sentence for any conviction. (5) If the appellate court reverses a conviction without remanding, upon issuance of the appellate judgment, the trial court shall follow the procedures described in ORS 135.680 concerning the defendant’s release. [2017 c.529 §15]
OR Rev Stat § 138.275 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 138 - Appeals; Post-Conviction Relief|Section 138.275 - Notice to parties concerning modified judgment or order or supplemental judgment.

If the appellate court, during the pendency of an appeal, receives from the trial court an amended, corrected or supplemental judgment or an amended or corrected appealable order, the appellate court shall notify the attorney of record for the state and the attorney of record for the defendant or, if the defendant is not represented by an attorney, the defendant. [2017 c.529 §10]