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  1. #1
    Join Date
    Feb 2008
    Location
    Oregon
    Posts
    14

    Default Appeal Time Frame

    Is there a time frame in the state of Oregon for appealing a crime? The crime was in 2002 and time was served in 2002. I was just wondering if it is to late to file an appeal since I plead guilty to a crime and the defendant (i was co-defendant) committed suicide the day before the trial so the charges were dropped but since I plead guilty I was then sentenced...I hope that makes sense.
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  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,996

    Default Re: Appeal Time Frame

    No, it doesn't make sense. Perhaps charges were dropped against the deceased defendant - that would make sense, because you cannot prosecute somebody who is dead - but obviously they were not dropped against you.
    Quote Quoting Oregon Revised Statutes 138.071 Time within which appeal must be taken.
    (1) Except as provided in this section, a notice of appeal must be served and filed not later than 30 days after the judgment or order appealed from was entered in the register.

    (2) If a motion for new trial or motion in arrest of judgment is served and filed a notice of appeal must be served and filed within 30 days from the earlier of the following dates:
    (a) The date of entry of the order disposing of the motion; or

    (b) The date on which the motion is deemed denied.
    (3) A defendant cross-appealing must serve and file the notice of cross-appeal within 10 days of the expiration of the time allowed in subsection (1) of this section.

    (4) If the trial court enters a corrected or a supplemental judgment under ORS 138.083, a notice of appeal from the corrected or supplemental judgment must be filed not later than 30 days after the defendant receives notice that the judgment has been entered.

    (5)
    (a) Upon motion of a defendant, the Court of Appeals shall grant the defendant leave to file a notice of appeal after the time limits described in subsections (1) to (4) of this section if:
    (A) The defendant, by clear and convincing evidence, shows that the failure to file a timely notice of appeal is not attributable to the defendant personally; and

    (B) The defendant shows a colorable claim of error in the proceeding from which the appeal is taken.
    (b) A defendant is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 138.060 (1)(c) or (2)(a).

    (c) The request for leave to file a notice of appeal after the time limits prescribed in subsections (1) to (3) of this section must be filed no later than 90 days after entry of the order or judgment being appealed. The request for leave to file a notice of appeal after the time limit prescribed in subsection (4) of this section must be filed no later than 90 days after the defendant receives notice that the judgment has been entered. A request for leave under this subsection must be accompanied by the notice of appeal, may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260.

    (d) The court shall not grant relief under this subsection unless the state has notice and opportunity to respond to the defendant’s request for relief.

    (e) The denial of a motion under paragraph (a) of this subsection is a bar to post-conviction relief under ORS 138.510 to 138.680 on the same ground, unless the court provides otherwise.

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