Oregon Statutes 138.295 – Stay of judgment or order on appeal by state; release
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An appeal taken by the state stays the effect of the judgment or order in favor of the defendant, so that the release agreement and, if applicable, the security for release, is held for the appearance and surrender of the defendant until the final determination of the appeal and the proceedings consequent thereon, if any; but if the defendant is in custody, the defendant may be released by the court subject to ORS § 135.230 to 135.290, pending the appeal. [Formerly 138.160]
Terms Used In Oregon Statutes 138.295
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
[Amended by 1969 c.198 § 68; 1983 c.763 § 15; repealed by 2017 c.529 § 26]