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Oregon Revised Statutes

Or. Rev. Stat. § 138.520 (2026)

Relief which court may grant

✓ current as of May 2026
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      138.520 Relief which court may grant. The relief which a court may grant or order under ORS 138.510 to 138.680 shall include release, new trial, modification of sentence, and such other relief as may be proper and just. The court may also make supplementary orders to the relief granted, concerning such matters as rearraignment, retrial, custody and release on security. [1959 c.636 §2; 1999 c.1051 §258]

Notes of Decisions
Cited in 66 cases (13 in the last 5 years), 1961–2026 · leading case: Brock v. Baldwin, 14 P.3d 651 (Or. Ct. App. 2000).
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Brock v. Baldwin, 14 P.3d 651 (Or. Ct. App. 2000). · cites it 16× “The state responds that the “post-conviction court properly exercised its discretion under ORS 138.520” when it vacated and remanded all of the sentences to the sentencing court.”
Strasser v. State of Oregon, 489 P.3d 1025 (Or. 2021). · cites it 2× “Gladden, 253 Or 192, 203-04 , 453 P2d 921 (1969), this court held that a delayed appeal was an appropriate remedy when a criminal defen- dant’s right to appeal was lost through counsel’s culpable negligence, and that a post-conviction court was authorized under ORS 138.520 to…”
Bogle v. State, 423 P.3d 715 (Or. 2018). “If a petitioner wants to be represented by counsel but is unable to retain counsel, the petitioner must file a pro se petition, together with a request for counsel.”
Johnson v. Premo, 461 P.3d 985 (Or. Ct. App. 2020). · cites it 2× “We recognize that ORS 138.520 provides that a post-conviction court that has granted relief “may also make supplementary orders to the relief granted, concerning such matters as rearra[ign]- ment, retrial, custody and release on security.”
Lichau v. Baldwin, 39 P.3d 851 (Or. 2002). “3 He therefore is entitled to post-conviction relief as provided in ORS 138.520. The decision of the Court of Appeals is reversed in part and affirmed in part.”
Bogle v. Armenakis, 56 P.3d 420 (Or. Ct. App. 2002). · cites it 7× “As emphasized above, we ordered the post-conviction court to enter a judgment “granting post-conviction relief.”
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017). · cites it 2× “See ORS 138.520 (relief in post-conviction proceeding may include modification of sentence).”
Hinton v. Hill, 105 P.3d 923 (Or. Ct. App. 2005). · cites it 4× “The state responds that, although the post-conviction court’s findings and conclusions appear to be internally inconsistent, the court had authority under ORS 138.520 to craft the judgment that it entered.”
Hinton v. Hill, 149 P.3d 1205 (Or. 2006). · cites it 9× “The superintendent petitioned the Court of Appeals for reconsideration, arguing that the post-conviction court’s election to vacate petitioner’s sentences and not her convictions was appropriate under ORS 138.520. Hinton, 201 Or App 131 . The Court of Appeals disagreed.”
Thompson v. Fhuere, 545 P.3d 1233 (Or. 2024). · cites it 3× “But, as the superintendent had requested, instead of remanding, the court modified the judgment of conviction pursuant to ORS 138.520 to impose a sentence of life without the possibility of parole on each of petitioner’s four aggravated murder convic- tions.”
State v. Ramoz, 483 P.3d 615 (Or. 2021). “, ORS 138.520 (relief under post-conviction statutes can include “new trial”); ORS 138.”
State v. Smith, 123 P.3d 261 (Or. 2005). “, Stevens, 322 Or at 104-10 (describing elements of claim for post-conviction relief and evidence in post-conviction proceeding).”
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