(1) After deciding the issues raised in the proceeding, the court shall enter a judgment denying the petition or granting the appropriate relief. The judgment may include orders as provided in ORS § 138.520. The judgment must clearly state the grounds on which the cause was determined, and whether a state or federal question was presented and decided.

Terms Used In Oregon Statutes 138.640

  • Conviction: A judgement of guilt against a criminal defendant.
  • Federal question: Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

(2) If the court grants the petitioner relief, the judgment is not enforceable in the petitioner’s favor until:

(a) The petitioner causes a certified copy of the judgment to be entered in the circuit court in which the petitioner’s conviction and sentence were rendered; and

(b) The petitioner serves a certified copy of the judgment on the district attorney of the county in which the petitioner’s conviction and sentence were rendered. [1959 c.636 § 14; 2003 c.576 § 245; 2007 c.193 § 2]

 

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