Oregon Code § 138.255·Enacted ·Last updated March 01, 2026
Statute Text
Court
of Appeals certification of appeal to Supreme Court in lieu of disposition;
party request for Supreme Court review.
(1) An appeal to the Court of Appeals may be
certified to the Supreme Court, and the Supreme Court may accept or deny
acceptance of the certified appeal, as provided in ORS 19.405.
(2) At any time
before the State Court Administrator sends notice to the parties of the date of
oral argument or, if the case is not orally argued, the date that the State
Court Administrator delivers the briefs to the Court of Appeals for decision, a
party may request the Supreme Court to take and decide an appeal taken by the
state under ORS 138.045 (1). In determining whether to accept an appeal under
this subsection, the Supreme Court shall consider, in addition to other factors
that the Supreme Court deems appropriate:
(a) Whether the
defendant is charged with a Class A felony listed under ORS 137.700 or 137.707;
(b) The extent to
which the case presents speedy trial concerns; and
(c) The extent to
which the case presents a significant issue of law. [1981 c.550 §4; 2001 c.870 §4c]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 138.255
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Court
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