reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 137 - Judgment and Execution; Parole and Probation by the Court › Section 137.930 - Criminal history data provider requirements.

(1) A criminal history data provider is prohibited from including criminal history information in a criminal history report if the criminal history information fails to reflect material changes to the official record of a person’s criminal history occurring more than 60 days before the date the criminal history report is delivered.
(2) As used in this section, "material changes" include, but are not limited to:
(a) The setting aside of a conviction arrest, record of acquittal or dismissal, or the issuance of a criminal citation or criminal charge, if no accusatory instrument is filed;
(b) The reduction of an offense to a lower level of offense; and
(c) The vacating of a conviction.
(3) A violation of subsection (1) of this section constitutes an unlawful trade practice under ORS 646.607. [2021 c.486 §4]
Note:
137.930 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.
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.310 - Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation.

When the executive director of the Oregon Public Defense Commission pays costs, expenses or compensation under ORS 138.500 (5) on appeal in a criminal action, the 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; 2023 c.281 §28]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.480 - Oregon Public Defense 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 Oregon Public Defense 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; 2023 c.281 §29]
2023 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.
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.