Oregon Statutes 138.255 – Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review
(1) An appeal to the Court of Appeals may be certified to the Supreme Court, and the Supreme Court may accept or deny acceptance of the certified appeal, as provided in ORS § 19.405.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to 20 years | up to $375,000 |
Terms Used In Oregon Statutes 138.255
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) At any time before the State Court Administrator sends notice to the parties of the date of oral argument or, if the case is not orally argued, the date that the State Court Administrator delivers the briefs to the Court of Appeals for decision, a party may request the Supreme Court to take and decide an appeal taken by the state under ORS § 138.045 (1). In determining whether to accept an appeal under this subsection, the Supreme Court shall consider, in addition to other factors that the Supreme Court deems appropriate:
(a) Whether the defendant is charged with a Class A felony listed under ORS § 137.700 or 137.707;
(b) The extent to which the case presents speedy trial concerns; and
(c) The extent to which the case presents a significant issue of law. [1981 c.550 § 4; 2001 c.870 § 4c]