147.539
Discretionary review.
Appellate review of an order described in ORS 147.535 (4)(b) shall be as
provided in ORS 147.537, except that:
(1) The Supreme
Court’s jurisdiction is discretionary. The court may by rule prescribe the
criteria the court will use to decide whether to grant review. The initiating
document is a petition for review, but the petition must be accompanied by the
same materials described in ORS 147.537 (4), and the person seeking review
shall be identified as the petitioner.
(2) The
respondent may elect not to file a response until after the Supreme Court has
decided to accept review, in which case the response must be filed within seven
days after the Supreme Court issues an order granting review.
(3) ORS 147.537
(15) does not apply to review under this section. The Supreme Court may dismiss
a review improvidently granted.
(4)(a) Except as
provided in paragraph (b) of this subsection, the Supreme Court shall issue its
decision on appeal under this section within 21 days after the date the court
issued the order granting review.
(b) The Supreme
Court may issue a final decision beyond the 21-day period if the court
determines that the ends of justice served by issuing a final decision at a
later date outweigh the best interests of the victim, the prosecuting attorney,
the defendant, any person against whom relief was ordered and the public. [2009
c.178 §15]
Note: See note under 147.500.
Notes of Decisions
Cited in
2
cases, 2012–2013 · leading case:
State v. Algeo, 311 P.3d 865 (Or. 2013).
State v. Algeo, 311 P.3d 865 (Or. 2013).
· cites it 7× “The trial court entered an order denying petitioner’s claim, and, pursuant to ORS 147.539, petitioner sought direct review of that order in this court.”
State v. Bray, 291 P.3d 727 (Or. 2012).
· cites it 8× “This matter should have been filed as a petition for review under ORS 147.539. Article I, section 42, of the Oregon Constitution authorizes the legislature to enact laws to effectuate the rights granted by that section.”
— Or. Rev. Stat. § 147.539(1) — 2 cases
State v. Algeo, 311 P.3d 865 (Or. 2013).
“The trial court entered an order denying petitioner’s claim, and, pursuant to ORS 147.539, petitioner sought direct review of that order in this court.”
State v. Bray, 291 P.3d 727 (Or. 2012).
“This matter should have been filed as a petition for review under ORS 147.539. Article I, section 42, of the Oregon Constitution authorizes the legislature to enact laws to effectuate the rights granted by that section.”
— Or. Rev. Stat. § 147.539(4)(a) — 1 case
State v. Algeo, 311 P.3d 865 (Or. 2013).
“The trial court entered an order denying petitioner’s claim, and, pursuant to ORS 147.539, petitioner sought direct review of that order in this court.”
— Or. Rev. Stat. § 147.539(4)(b) — 1 case
State v. Algeo, 311 P.3d 865 (Or. 2013).
“The trial court entered an order denying petitioner’s claim, and, pursuant to ORS 147.539, petitioner sought direct review of that order in this court.”
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