2015 ORS 138.230¹
Rulings in discretion of court and technical defects as grounds for reversal

After hearing the appeal, the court shall give judgment, without regard to the decision of questions which were in the discretion of the court below or to technical errors, defects or exceptions which do not affect the substantial rights of the parties.

Notes of Decisions

The court may exercise its power under this sec­tion to affirm, notwithstanding the error, if the error was either so technical in nature or so unsubstantial that as a practical matter there was little, if any, likelihood that the erroneous evidence affected the verdict. State v. Van Hooser, 11 Or App 146, 501 P2d 78 (1972), aff'd 266 Or 19, 511 P2d 359 (1973)

Defendant's admission of a matter as to which prejudicial error violating the privilege against self-incrimina­tion had occurred cured this error. State v. Hunt, 15 Or App 76, 514 P2d 1363 (1973), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 138—Appeals; Post-Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors138.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano138.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.