(1) Any judgment that is no longer subject to appeal and that was rendered in favor of the state or of the United States in a criminal proceeding based on conduct that gives rise to an action under ORS § 180.760, whether based on a verdict after trial or upon a plea of guilty or nolo contendere, estops a defendant in an action under ORS § 180.760 from denying the elements of the offense for which the defendant was convicted.

Terms Used In Oregon Statutes 180.770

  • 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.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
  • Verdict: The decision of a petit jury or a judge.

(2) A criminal or administrative action need not be brought against a person as a condition to bringing an action against the person under ORS § 180.760. [2009 c.292 § 5]

 

See note under 180.750.

 

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