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Oregon Revised Statutes

Or. Rev. Stat. § 135.105 (2026)

Use of statement before grand jury or on trial

✓ current as of May 2026
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      135.105 Use of statement before grand jury or on trial. The statement of the defendant is competent testimony to be laid before the grand jury and may be given in evidence at the trial. [Formerly 133.700]

 

      135.110 [Amended by 1973 c.836 §132; renumbered 135.030]

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 1999–2023 · leading case: State v. Merrill, 492 P.3d 722 (Or. Ct. App. 2021).
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State v. Merrill, 492 P.3d 722 (Or. Ct. App. 2021). “That question is not presented here, and we express no opinion as to whether mandamus is an available remedy given the reviewability limitations contained in ORS 135.105(5), or would have been an available remedy under the circumstances of this case.”
State v. Rusen, 509 P.3d 628 (Or. 2022). “” ORS 135.105(7). The statutory authority to review sentences, how- ever, is subject to exceptions.”
State v. Neill, 526 P.3d 1221 (Or. Ct. App. 2023). “The court concluded that ORS 135.105(9) bars review when the parties “have agreed to a specific sentence, or to a specific component that the court used to calculate the sentence—such as the grid block classification” and then “only of the part of the sentence on which the…”
State v. Vasquez-Hernandez, 977 P.2d 400 (Or. Ct. App. 1999). · cites it 2× “Also because of this, the Defendant was not given a right to provide this statement to the Grand Jury as required by ORS 135.105. "3. Approximately two and a half days after the arrest, the police officers came to his room and took a statement.”
— Or. Rev. Stat. § 135.105(5) — 1 case
State v. Merrill, 492 P.3d 722 (Or. Ct. App. 2021). “That question is not presented here, and we express no opinion as to whether mandamus is an available remedy given the reviewability limitations contained in ORS 135.105(5), or would have been an available remedy under the circumstances of this case.”
— Or. Rev. Stat. § 135.105(7) — 1 case
State v. Rusen, 509 P.3d 628 (Or. 2022). “” ORS 135.105(7). The statutory authority to review sentences, how- ever, is subject to exceptions.”
— Or. Rev. Stat. § 135.105(9) — 1 case
State v. Neill, 526 P.3d 1221 (Or. Ct. App. 2023). “The court concluded that ORS 135.105(9) bars review when the parties “have agreed to a specific sentence, or to a specific component that the court used to calculate the sentence—such as the grid block classification” and then “only of the part of the sentence on which the…”
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