2017 ORS 138.697¹
Appeal of court order

Caution-flag-2-25x25
This section is amended
Effective January 1, 2020
Relating to post-conviction DNA testing; creating new provisions; and amending ORS 138.690, 138.692, 138.694, 138.696, 138.697, 138.698 and 147.433.

(1) A person described in ORS 138.690 (Motion) may appeal to the Court of Appeals from a circuit court’s final order or judgment denying or limiting DNA (deoxyribonucleic acid) testing under ORS 138.692 (Affidavit), denying appointment of counsel under ORS 138.694 (Appointed counsel) or denying a motion for a new trial under ORS 138.696 (Test results).

(2) The state may appeal to the Court of Appeals from a circuit court’s final order or judgment granting a motion for DNA testing under ORS 138.692 (Affidavit) or granting a motion for a new trial under ORS 138.696 (Test results).

(3) The time limits described in ORS 138.071 (Time within which appeal must be taken), the notice requirements described in ORS 138.081 (Service and filing of notice of appeal) and 138.090 (Signature to notice of appeal) and the provisions of ORS 138.225 (Summary affirmation), 138.227 (Joint motion to vacate and remand), 138.255 (Court of Appeals certification of appeal to Supreme Court in lieu of disposition) and 138.257 (Determination on appeal) apply to appeals under this section unless the context requires otherwise.

(4) A circuit court shall appoint counsel to represent a person described in ORS 138.690 (Motion) on appeal in the same manner as for criminal defendants under ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds). [2013 c.152 §1; 2015 c.564 §5; 2017 c.529 §25]

Note: See note under 138.690 (Motion).

1 Legislative Counsel Committee, CHAPTER 138—Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors138.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.