ORS 138.295¹
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 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court), pending the appeal. [Formerly 138.160]

(Formerly 138.160)

Notes of Decisions

Where relator obtained sec­ond look hearing under ORS 420A.203 (Eligibility for second look), trial court signed order that condi­tional release was appropriate for relator and state ap­pealed order, this sec­tion did not automatically stay Depart­ment of Correc­tion’s obliga­tion to prepare condi­tional release plan. State ex rel Walraven v. Dept. of Correc­tions, 358 Or 71, 362 P3d 1163 (2015)

1 Legislative Counsel Committee, CHAPTER 138—Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors138.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano138.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information