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ORS 138.640

Known as the Post-Conviction Hearing Act

The act spans §§ 138–138 (119 sections).

Applied in 48 court decisions — leading case Guinn v. Cupp (1987)

Most recently applied in 334 Or. App. 627 - Lux v. Fhuere (August 2024)

1959 c.636 §14; 2003 c.576 §245; 2007 c.193 §2

How often courts cite this section

1964197019801990200020102020202470
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

(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.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.