147.533 Waiver
of remedy. (1) A
remedy under ORS 147.500 to 147.550 is waived if the remedy is requested:
(a) By a victim
who had notice of a related claim and did neither of the following:
(A) File a
response under ORS 147.517 (4); or
(B) Participate
in a hearing under ORS 147.530; or
(b) By any person
after:
(A) The date
determined by the court under ORS 147.517 (2)(a) if the person is filing a
response;
(B) The period of
time described in ORS 147.522 if the person is filing a motion; or
(C) Former
jeopardy attaches, unless a motion for new trial or a motion in arrest of
judgment is granted.
(2) Subsection
(1) of this section does not apply to:
(a) Remedies that
may be effectuated after the disposition of a criminal proceeding;
(b) The right to
obtain information described in section 42 (1)(b), Article I of the Oregon
Constitution;
(c) The right to
receive prompt restitution described in section 42 (1)(d), Article I of the
Oregon Constitution;
(d) The right to
have a copy of a transcript described in section 42 (1)(e), Article I of the
Oregon Constitution; or
(e) Remedies
requested in a subsequent criminal proceeding arising after a state or federal
court has granted a new trial or sentencing, provided the remedy is not waived
pursuant to subsection (1) of this section in the subsequent criminal
proceeding. [2009 c.178 §12]
Note: See note under 147.500.
Notes of Decisions
Cited in
1
case, 2011–2011 · leading case:
State v. Barrett, 255 P.3d 472 (Or. 2011).
State v. Barrett, 255 P.3d 472 (Or. 2011).
· cites it 7× “First, defendant asserts that the victim waived her rights under ORS 147.533. Second, defendant contends that resentencing him would violate his rights under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.”
— Or. Rev. Stat. § 147.533(1)(b)(C) — 1 case
State v. Barrett, 255 P.3d 472 (Or. 2011).
“First, defendant asserts that the victim waived her rights under ORS 147.533. Second, defendant contends that resentencing him would violate his rights under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.”
— Or. Rev. Stat. § 147.533(2)(a) — 1 case
State v. Barrett, 255 P.3d 472 (Or. 2011).
“First, defendant asserts that the victim waived her rights under ORS 147.533. Second, defendant contends that resentencing him would violate his rights under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.”
— Or. Rev. Stat. § 147.533(2)(c) — 1 case
State v. Barrett, 255 P.3d 472 (Or. 2011).
“First, defendant asserts that the victim waived her rights under ORS 147.533. Second, defendant contends that resentencing him would violate his rights under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.