147.535
Appeals generally.
(1)(a) Notwithstanding any other provision of law and except as provided in
paragraph (b) of this subsection, appellate review of an order issued under ORS
147.515, 147.520 or 147.530 shall be solely as provided in this section and ORS
147.537, 147.539 and 147.542.
(b) A defendant
who seeks to appeal an order issued under ORS 147.515, 147.520 or 147.530 must
do so in the manner provided for appeals in ORS chapter 138. The provisions of
this section and ORS 147.537, 147.539 and 147.542 do not apply to an appeal
under ORS chapter 138.
(c) Nothing in
ORS 147.500 to 147.550 affects the ability of a defendant to petition for a
writ of mandamus.
(2) Jurisdiction
for appellate review of an order issued under ORS 147.515, 147.520 or 147.530
is vested originally and exclusively in the Supreme Court.
(3) Subject to
ORS 147.542, the jurisdiction of the Supreme Court is limited to the order for
which appellate review is sought and the trial court retains jurisdiction over
all other matters in the criminal proceeding.
(4) Appellate
review of an order issued under ORS 147.515, 147.520 or 147.530 shall be as
provided in:
(a) ORS 147.537
if the order was issued under ORS 147.520 or 147.530 in a criminal proceeding
in which a defendant is charged with a felony or a person Class A misdemeanor,
as that term is defined by rule of the Oregon Criminal Justice Commission, and
the order arises from a motion or claim alleging a violation that occurred
prior to the pronouncement in open court of the sentence or disposition after a
plea, admission or trial in the criminal proceeding.
(b) ORS 147.539
in all appeals arising under ORS 147.500 to 147.550 except those described in
paragraph (a) of this subsection.
(5) The victim,
the state or any person against whom relief was ordered has standing to seek
appellate review of an order unless, after notice and a reasonable opportunity
to be heard on the claim or motion that resulted in the order or a related
claim or motion, the person or party seeking appellate review did none of the
following:
(a) Inform the
court of a claim.
(b) File a
response under ORS 147.517 (4).
(c) File a motion
under ORS 147.522.
(d) Participate
in a hearing under ORS 147.530.
(6) Pursuant to
ORS 180.060, the Attorney General shall appear for the state in all appeals
under this section and ORS 147.537, 147.539 and 147.542. [2009 c.178 §13; 2013
c.224 §3]
Note: See note under 147.500.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 2011–2021 · leading case:
State v. Algeo, 311 P.3d 865 (Or. 2013).
State v. Algeo, 311 P.3d 865 (Or. 2013).
· cites it 10× “A party not satisfied with the court’s order may seek review in this court pursuant to ORS 147.535, 147.537, and 147.539. In this case, petitioner and the trial court followed the statutory procedures that we have outlined.”
State v. Barrett, 255 P.3d 472 (Or. 2011).
· cites it 2× “530(5) (obliging court to issue remedial order on victim’s successful constitutional claim within seven days of date of show cause order); ORS 147.535(2) (appellate jurisdiction “vested originally and *399 exclusively in the Supreme Court”); ORS 147.”
State v. Bray, 291 P.3d 727 (Or. 2012).
· cites it 7× “ORS 147.535 prescribes the appropriate avenue to be used to obtain review in a particular case.”
State v. Gallegos, 460 P.3d 529 (Or. Ct. App. 2020).
“A party not satisfied with the court’s order may seek review in this court pursuant to ORS 147.535, 147.537, and 147.539.” State v.”
State v. Bray, 279 P.3d 216 (Or. 2012).
· cites it 6× “"The victim, the prosecuting attorney or any person against 6 whom relief was ordered" may appeal.”
State v. Ramos, 340 P.3d 703 (Or. Ct. App. 2014).
“106 now requires restitution “in full” of a victim’s damages because the legislature has limited that court’s review of crime *177 victims’ claims under ORS 147.535(3) to considering whether the trial court committed constitutional error); State v.”
State v. Ball, 416 P.3d 301 (Or. 2018).
· cites it 4× “The trial court denied the claim, and appellant brought this appeal, pursuant to ORS 147.535. *303 This case requires us to determine the scope of a crime victim's constitutional right to be heard during a sentencing hearing.”
State v. Halfmoon, 501 P.3d 1126 (Or. Ct. App. 2021).
“That mechanism requires victims to “inform the court within 30 days of the date the victim knew or reasonably should have known” that one or more of their rights were violated.”
— Or. Rev. Stat. § 147.535(1)(a) — 1 case
State v. Bray, 279 P.3d 216 (Or. 2012).
“"The victim, the prosecuting attorney or any person against 6 whom relief was ordered" may appeal.”
— Or. Rev. Stat. § 147.535(2) — 3 cases
State v. Barrett, 255 P.3d 472 (Or. 2011).
“530(5) (obliging court to issue remedial order on victim’s successful constitutional claim within seven days of date of show cause order); ORS 147.535(2) (appellate jurisdiction “vested originally and *399 exclusively in the Supreme Court”); ORS 147.”
State v. Algeo, 311 P.3d 865 (Or. 2013).
“A party not satisfied with the court’s order may seek review in this court pursuant to ORS 147.535, 147.537, and 147.539. In this case, petitioner and the trial court followed the statutory procedures that we have outlined.”
State v. Halfmoon, 501 P.3d 1126 (Or. Ct. App. 2021).
“That mechanism requires victims to “inform the court within 30 days of the date the victim knew or reasonably should have known” that one or more of their rights were violated.”
— Or. Rev. Stat. § 147.535(3) — 3 cases
State v. Algeo, 311 P.3d 865 (Or. 2013).
“A party not satisfied with the court’s order may seek review in this court pursuant to ORS 147.535, 147.537, and 147.539. In this case, petitioner and the trial court followed the statutory procedures that we have outlined.”
State v. Ramos, 340 P.3d 703 (Or. Ct. App. 2014).
“106 now requires restitution “in full” of a victim’s damages because the legislature has limited that court’s review of crime *177 victims’ claims under ORS 147.535(3) to considering whether the trial court committed constitutional error); State v.”
State v. Ball, 416 P.3d 301 (Or. 2018).
“The trial court denied the claim, and appellant brought this appeal, pursuant to ORS 147.535. *303 This case requires us to determine the scope of a crime victim's constitutional right to be heard during a sentencing hearing.”
— Or. Rev. Stat. § 147.535(4) — 2 cases
State v. Algeo, 311 P.3d 865 (Or. 2013).
“A party not satisfied with the court’s order may seek review in this court pursuant to ORS 147.535, 147.537, and 147.539. In this case, petitioner and the trial court followed the statutory procedures that we have outlined.”
State v. Bray, 291 P.3d 727 (Or. 2012).
“ORS 147.535 prescribes the appropriate avenue to be used to obtain review in a particular case.”
— Or. Rev. Stat. § 147.535(4)(a) — 3 cases
State v. Barrett, 255 P.3d 472 (Or. 2011).
“530(5) (obliging court to issue remedial order on victim’s successful constitutional claim within seven days of date of show cause order); ORS 147.535(2) (appellate jurisdiction “vested originally and *399 exclusively in the Supreme Court”); ORS 147.”
State v. Bray, 291 P.3d 727 (Or. 2012).
“ORS 147.535 prescribes the appropriate avenue to be used to obtain review in a particular case.”
State v. Ball, 416 P.3d 301 (Or. 2018).
“The trial court denied the claim, and appellant brought this appeal, pursuant to ORS 147.535. *303 This case requires us to determine the scope of a crime victim's constitutional right to be heard during a sentencing hearing.”
— Or. Rev. Stat. § 147.535(4)(b) — 2 cases
State v. Algeo, 311 P.3d 865 (Or. 2013).
“A party not satisfied with the court’s order may seek review in this court pursuant to ORS 147.535, 147.537, and 147.539. In this case, petitioner and the trial court followed the statutory procedures that we have outlined.”
State v. Bray, 291 P.3d 727 (Or. 2012).
“ORS 147.535 prescribes the appropriate avenue to be used to obtain review in a particular case.”
— Or. Rev. Stat. § 147.535(5) — 2 cases
State v. Bray, 291 P.3d 727 (Or. 2012).
“ORS 147.535 prescribes the appropriate avenue to be used to obtain review in a particular case.”
State v. Bray, 279 P.3d 216 (Or. 2012).
“"The victim, the prosecuting attorney or any person against 6 whom relief was ordered" may appeal.”
— Or. Rev. Stat. § 147.535(l)(a) — 1 case
State v. Bray, 279 P.3d 216 (Or. 2012).
“"The victim, the prosecuting attorney or any person against 6 whom relief was ordered" may appeal.”
— Or. Rev. Stat. § 147.535(l)(b) — 1 case
State v. Algeo, 311 P.3d 865 (Or. 2013).
“A party not satisfied with the court’s order may seek review in this court pursuant to ORS 147.535, 147.537, and 147.539. In this case, petitioner and the trial court followed the statutory procedures that we have outlined.”
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