ORS 138.640
Judgment

  • enforcement

(1)

After deciding the issues raised in the proceeding, the court shall enter a judgment denying the petition or granting the appropriate relief. The judgment may include orders as provided in ORS 138.520 (Relief which court may grant). The judgment must clearly state the grounds on which the cause was determined, and whether a state or federal question was presented and decided.

(2)

If the court grants the petitioner relief, the judgment is not enforceable in the petitioner’s favor until:

(a)

The petitioner causes a certified copy of the judgment to be entered in the circuit court in which the petitioner’s conviction and sentence were rendered; and

(b)

The petitioner serves a certified copy of the judgment on the district attorney of the county in which the petitioner’s conviction and sentence were rendered. [1959 c.636 §14; 2003 c.576 §245; 2007 c.193 §2]

Source: Section 138.640 — Judgment; enforcement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html.

Notes of Decisions

Where petitioner sought post-conviction relief contending he had received invalid consecutive sentences and post-conviction court dismissed petition and entered order relying on grounds neither presented to court nor responsive to petition, remand to Court of Appeals for consideration to enter proper final order was appropriate. Wilson v. Maass, 305 Or 434, 752 P2d 840 (1988)

Where document from which appeal was attempted in post-conviction case did not make final disposition of the case, it did not meet requirements of this section and case was remanded for disposition. Stelljes v. Maass, 306 Or 655, 761 P2d 925 (1988)

Judgment denying relief must (1) identify claims for relief and make separate rulings on each claim; (2) declare whether denial is based on petitioner’s failure to follow available state procedures or to failure establish merits of claim; and (3) make legal basis for denial apparent. Datt v. Hill, 347 Or 672, 227 P3d 714 (2010)

138.005
Definitions for ORS 138.010 to 138.310 138.010
Mode of review 138.015
Statutes applicable to appeals 138.020
Who may appeal 138.030
Parties designated “appellant” and “respondent” 138.035
Appeal by defendant 138.045
Appeal by state 138.052
Appeal from judgment of conviction and sentence of death 138.057
Appeal from judgment involving violation 138.065
Appeal from judgment or order deciding special statutory proceeding 138.071
Time within which appeal must be taken 138.081
Service and filing of notice of appeal 138.085
Content requirements for certain notices of appeal 138.090
Signature to notice of appeal 138.105
Appeal by defendant 138.115
Appeal by state 138.210
Failure to file brief by appellant 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 138.257
Determination on appeal 138.261
Time within which certain appeals must be decided 138.275
Notice to parties concerning modified judgment or order or supplemental judgment 138.285
Order staying execution of sentence 138.295
Stay of judgment or order on appeal by state 138.305
Delivery of defendant under sentence of imprisonment to intake center 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 138.510
Persons who may file petition for relief 138.520
Relief which court may grant 138.525
Dismissal of meritless petition 138.527
Frivolous petition or response 138.530
When relief must be granted 138.540
Petition for relief as exclusive remedy for challenging conviction 138.550
Availability of relief as affected by prior judicial proceedings 138.560
Procedure upon filing petition for relief 138.570
Who shall be named as defendant 138.580
Petition 138.585
Access to confidential jury records 138.590
Petitioner may proceed as a financially eligible person 138.610
Pleadings 138.615
Disclosure of witness information 138.620
Hearing 138.622
Appearance by communication device 138.625
Victim testimony 138.627
Victim’s rights 138.630
Evidence of events occurring at trial of petitioner 138.640
Judgment 138.650
Appeal 138.660
Summary affirmation of judgment 138.665
Remand for reconsideration of judgment or order 138.670
Admissibility, at new trial, of testimony of witness at first trial 138.680
Short title 138.686
Automatic stay of sentence of death for federal appeal and state post-conviction relief 138.688
Definitions 138.690
Commencement of DNA testing proceedings 138.692
Motion for DNA testing 138.694
Appointed counsel 138.696
Test results 138.697
Appeal of court order 138.698
Effect of setting aside conviction on plea agreement 138.700
Entry of unidentified profile into DNA databases
Green check means up to date. Up to date

Current through early 2024

§ 138.640’s source at oregon​.gov