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).

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)

Though parking viola­tions are not traffic of­fenses under ORS 484.010 (renumbered ORS 153.500), they are "crim­i­nal ac­tions" within meaning of this sec­tion and, accordingly, method of obtaining review of con­vic­­tion for violating municipal parking ordinances is that of ORS 138.010 (Mode of review) to 138.110 (Service of notice of appeal on defendant or attorney by publication in certain cases). Shelton v. Allen, 77 Or App 177, 711 P2d 222 (1985)

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

1 Legislative Counsel Committee, CHAPTER 138—Appeals; Post-Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors138.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­138ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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