Oregon Statutes 138.052 – Appeal from judgment of conviction and sentence of death; direct review by Supreme Court
(1) The judgment of conviction and sentence of death entered under ORS § 163.150 (1)(f) is subject to automatic and direct review by the Supreme Court. The review by the Supreme Court has priority over all other cases and shall be heard in accordance with rules adopted by the Supreme Court.
Terms Used In Oregon Statutes 138.052
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Notwithstanding ORS § 163.150 (1)(a), after automatic and direct review of a conviction and sentence of death the following apply:
(a) If a reviewing court finds prejudicial error in the sentencing proceeding only, the court may set aside the sentence of death and remand the case to the trial court. No error in the sentencing proceeding results in reversal of the defendant‘s conviction for aggravated murder. Upon remand and at the election of the state, the trial court shall either:
(A) Sentence the defendant to imprisonment for life in the custody of the Department of Corrections as provided in ORS § 163.105 (1)(c); or
(B) Impanel a new sentencing jury for the purpose of conducting a new sentencing proceeding to determine if the defendant should be sentenced to:
(i) Death;
(ii) Imprisonment for life without the possibility of release or parole as provided in ORS § 163.105 (1)(b); or
(iii) Imprisonment for life in the custody of the Department of Corrections as provided in ORS § 163.105 (1)(c).
(b) The new sentencing proceeding is governed by the provisions of ORS § 163.150 (1), (2), (3) and (5). A transcript of all testimony and all exhibits and other evidence properly admitted in the prior trial and sentencing proceeding are admissible in the new sentencing proceeding. Either party may recall any witness who testified at the prior trial or sentencing proceeding and may present additional relevant evidence.
(c) The provisions of this subsection are procedural and apply to any defendant sentenced to death after December 6, 1984. [Formerly 138.012]
138.052 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[1989 c.849 § 3; 1993 c.14 § 16; 2001 c.644 § 2; 2003 c.737 § 101; repealed by 2017 c.529 § 26]