Grounds for setting aside order
- • procedure
- • appeal
(1) In addition to any other grounds upon which a person may petition a court under ORS 419C.610 (Authority to modify or set aside orders), a person may petition the court on the following grounds to set aside an order finding the person to be within the jurisdiction of the court under ORS 419C.005 (Jurisdiction):
(a) A substantial denial in the proceedings resulting in the persons adjudication, or in the appellate review of the adjudication, of the persons rights under the United States Constitution or the Oregon Constitution, or both, and the denial rendered the adjudication void; or
(b) Unconstitutionality of the statute making criminal, if the person were an adult, the acts for which the person was adjudicated.
(2) When a person petitions the court on one of the grounds listed in subsection (1) of this section:
(a) A copy of the petition shall be served on the district attorney, who shall represent the state in the matter.
(b) The court shall decide the issues raised. The court may receive proof by affidavits, depositions and other competent evidence. Oral testimony may be taken by telephone or other means approved by the court. The petitioner has the burden of proving by a preponderance of the evidence the facts alleged in the petition.
(c) The court shall set aside the order finding the petitioner to be within the jurisdiction of the court if the petitioner establishes one of the grounds set forth in subsection (1) of this section.
(3) Either the petitioner or the state may appeal from the courts order granting or denying a petition for relief under this section. The manner of taking the appeal and the scope of review are the same as provided under ORS 419A.200 (Who may appeal).
(4) Nothing in this section may be construed to limit the original jurisdiction of the Supreme Court in habeas corpus as provided by the Oregon Constitution. [2001 c.803 §3]
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