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Home > 2011 ORS > Vol. 4 > Chapter 138 > Appeals
 
  • 138.005
    Defini­tions for ORS 138.010 to 138.310
  • 138.010
    Mode of review
  • 138.012
    Sentence of death
  • 138.020
    Who may ap­peal
  • 138.030
    Parties designated appellant and respondent
  • 138.040
    Appeal by defendant generally
  • 138.050
    Appeal from sen­tence on plea of guilty or no contest
  • 138.053
    Judg­ments and orders that are subject to ap­peal
  • 138.057
    Appeal from judg­ment involving viola­tion
  • 138.060
    Appeal by state
  • 138.071
    Time within which ap­peal must be taken
  • 138.081
    Service and filing of notice of ap­peal
  • 138.083
    Reten­tion of authority by trial court for certain purposes
  • 138.090
    Signature to notice of ap­peal
  • 138.110
    Service of notice of ap­peal on defendant or attorney by publica­tion in certain cases
  • 138.120
    When ap­peal is perfected in case of service by publica­tion
  • 138.135
    Defendants ap­peal or peti­tion for review as stay of sen­tence
  • 138.145
    Delivery of defendant under sen­tence of im­pris­on­­ment to intake center
  • 138.160
    Appeal by state as stay of judg­ment or order
  • 138.185
    Transmission of record to Court of Appeals
  • 138.210
    Necessity of appearance of appellant
  • 138.220
    Scope of review
  • 138.222
    Scope of review of sen­tence imposed for felony committed on or after November 1, 1989
  • 138.225
    Summary affirma­tion
  • 138.227
    Vaca­tion of judg­ment and remand
  • 138.230
    Rulings in discre­tion of court and technical defects as grounds for reversal
  • 138.240
    Judg­ments appellate court may give
  • 138.250
    New trial to be in court below
  • 138.255
    Court of Appeals certifica­tion of ap­peal to Supreme Court in lieu of disposi­tion
  • 138.261
    Time within which certain ap­peals must be decided
  • 138.300
    Countys liability for costs on ap­peal in crim­i­nal ac­tion
  • 138.310
    Notice to court below when public de­fense services executive director certifies costs, expenses or compensa­tion
  • 138.480
    Public Defense Services Commission to provide representa­tion for prisoner in pro­ceed­ing before appellate court
  • 138.500
    Appoint­ment of counsel and furnishing of transcript for appellant without funds
  • 138.504
    Waiver of counsel
  •  

   2011 ORS § 138.010¹
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 (Mode of review) to 138.310 (Notice to court below when public defense services executive director certifies costs, expenses or compensation).

• • •
 
  • Annotations
  • Related
 

Notes of Decisions

Except as provided in ORS 157.010 (Appeal to circuit court from justice court), the use of the writ of review in crim­i­nal cases has been abolished by this sec­tion. Doran v. State, 270 Or 758, 529 P2d 928 (1974)

Parking viola­tion is crim­i­nal ac­tion. Shelton v. Allen, 77 Or App 177, 711 P2d 222 (1985)

Court acted beyond statutory authority granted by this sec­tion when court revoked defendants proba­tion for same viola­tion on which court had based earlier extension of proba­tion. State v. Smith, 98 Or App 543, 779 P2d 1097 (1989)

Related Statutes³

  • 138.005
    Defini­tions for ORS 138.010 to 138.310
  • 138.020
    Who may ap­peal
  • 138.225
    Summary affirma­tion
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1 Legislative Counsel Committee, CHAPTER 138—Appeals; Post-Conviction Relief, http://­www.­leg.­state.­or.­us/­ors/­138.­html External_link_icon(2011) (last ac­cessed Mar. 25, 2012).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2011, Chapter 138, http://­www.­leg.­state.­or.­us/­ors/­annos/­138ano.­htm External_link_icon(2011) (last ac­cessed Mar. 25, 2012).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
 
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