Oregon Statutes 419C.615 – 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, 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:
Terms Used In Oregon Statutes 419C.615
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) A substantial denial in the proceedings resulting in the person’s adjudication, or in the appellate review of the adjudication, of the person’s 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 court’s 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.
(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]