DP9
A blog produced by the Oregon Justice Resource Center discussing the death penalty (capital punishment) in Oregon and in the Ninth Circuit.
Statutes
Trial
- “Aggravated murder” defined. ORS § 163.095
- Sentencing options for aggravated murder. ORS § 163.105
- Sentencing for aggravated murder (proceedings; issues for jury). ORS § 163.150
- Pleading, proof and stipulation regarding previous conviction element in aggravated murder case. ORS § 163.103
- Sentence of death (automatic and direct review by Supreme Court). ORS § 138.012
- Death Sentence. ORS § 137.463 – .482
- § 137.463. Death warrant hearing
- § 137.464. Administrative assessment of defendant’s mental capacity
- § 137.466. Judicial determination of defendant’s mental capacity
- § 137.467. Delivery of warrant when place of trial changed
- § 137.473. Means of inflicting death
- § 137.476. Assistance by licensed health care professional or nonlicensed medically trained person
- § 137.478. Return of death warrant after execution of sentence of death
- § 137.482. Service of documents on defendant
Appeals
- Post Conviction Relief. ORS § 138.510 -.680
- § 138.510 Persons who may file petition for relief
- § 138.520 Relief which court may grant
- § 138.525 Dismissal of meritless petition
- § 138.527 Frivolous petition or response
- § 138.530 When relief must be granted
- § 138.540 Petition for relief as exclusive remedy for challenging conviction
- § 138.550 Availability of relief as affected by prior judicial proceedings
- § 138.560 Procedure upon filing petition for relief
- § 138.570 Who shall be named as defendant
- § 138.580 Petition
- § 138.590 Petitioner may proceed as a financially eligible person
- § 138.610 Pleadings
- § 138.620 Hearing
- § 138.622 Appearance by communication device
- § 138.625 Victim testimony
- § 138.630 Evidence of events occurring at trial of petitioner
- § 138.640 Judgment
- § 138.650 Appeal
- § 138.660 Summary affirmation of judgment
- § 138.670 Admissibility, at new trial, of testimony of witness at first trial
- § 138.680 Short title
- Post Conviction Motion For DNA Testing. ORS § 138.690 – 698
- § 138.690 Motion
- § 138.692 Affidavit
- § 138.694 Appointed counsel
- § 138.696 Test results
- § 138.698 Effect of setting aside conviction on plea agreement
- Automatic stay of sentence of death for federal appeal and state post-conviction relief. ORS § 138.686
Clemency
- Executive Clemency. ORS § 144.649 – .670
- § 144.649 Granting reprieves, commutations and pardons generally
- § 144.650 Notice of intention to apply for pardon, commutation or remission
- § 144.660 Communication to legislature by Governor
- § 144.670 Filing of papers by Governor
Previous Posts
- Under Construction
- Oklahoma executes James Lewis DeRosa
- Texas executes Elroy Chester
- Florida executes William Van Poyck
- Oral Argument: State of Oregon v. Michael Spencer Washington, Jr.(6/4/13)
- RONALD DEERE V. VINCE CULLEN (9th Circuit) 6/3/13
- California update 5/30 (California’s death penalty on hold again)
- Florida executes Elmer Carroll
- Nevada Update 5/29 (Death penalty audit clears Nev. Senate panel)
- Texas executes Jeffrey Demond Williams
