(1) A person described in ORS § 138.690 may appeal to the Court of Appeals from a circuit court’s final order or judgment denying or limiting DNA testing under ORS § 138.692, denying appointment of counsel under ORS § 138.694 or denying a motion for a new trial under ORS § 138.696.

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Oregon Statutes 138.697

  • 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.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) The state may appeal to the Court of Appeals from a circuit court’s final order or judgment granting a motion for DNA testing under ORS § 138.692 or granting a motion for a new trial under ORS § 138.696.

(3) The time limits described in ORS § 138.071, the notice requirements described in ORS § 138.081 and 138.090 and the provisions of ORS § 138.225, 138.227, 138.255 and 138.257 apply to appeals under this section unless the context requires otherwise.

(4) A circuit court shall appoint counsel to represent a person described in ORS § 138.690 on appeal in the same manner as for criminal defendants under ORS § 138.500. [2013 c.152 § 1; 2015 c.564 § 5; 2017 c.529 § 25; 2019 c.368 § 9]

 

See note under 138.688.

 

  Previous section
Next section  
 Post-Conviction Motion for DNA Testing Contents