Oregon Statutes 112.555 – Final judgment as conclusive; evidence of felonious and intentional killing
(1) After any right to appeal has been exhausted, a final judgment of conviction of felonious and intentional killing is conclusive for purposes of ORS § 112.455 to 112.555. In the absence of a conviction of felonious and intentional killing the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of ORS § 112.455 to 112.555.
Terms Used In Oregon Statutes 112.555
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) After any right to appeal has been exhausted, a final judgment finding a defendant guilty except for insanity under ORS § 161.295 or a final order finding a youth responsible except for insanity under ORS § 419C.411 is conclusive for purposes of ORS § 112.455 to 112.555. [1969 c.591 § 68; 1973 c.506 § 18; 2015 c.387 § 25; 2021 c.81 § 2]
UNIFORM SIMULTANEOUS DEATH ACT