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Current as of January 01, 2023 | Updated by Findlaw Staff
(1) The trial court shall stay for a period of 21 days all matters that directly impact, or are directly impacted by, the order on appeal:
(a) Upon receipt of a notice of interlocutory appeal under ORS 147.537; or
(b) Upon the issuance of an order granting review under ORS 147.539.
(2) The Supreme Court may extend or reduce the length of or vacate the stay on its own motion or on the motion of a victim, prosecuting attorney, defendant or any person against whom relief was ordered.
(3) In making the determination described in subsection (2) of this section, in addition to other factors the Supreme Court considers important, the court shall consider:
(a) The likelihood that the appellant will prevail on appeal in light of the support in fact and law for the appeal;
(b) Whether the appeal is taken in good faith and not for the purpose of delay;
(c) The nature of the harm to the victim, the prosecuting attorney, the defendant, any person against whom relief was ordered and the public that will likely result from the grant or denial of a stay;
(d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief was ordered under the Oregon Constitution or the United States Constitution and under Oregon statutory and decisional law; and
(e) Whether the defendant is in custody and, if so, whether the defendant has expressly consented to a continuance of the trial under ORS 136.290.
Cite this article: FindLaw.com - Oregon Revised Statutes Procedure in Criminal Matters Generally § 147.542 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-14-procedure-in-criminal-matters-generally/or-rev-st-sect-147-542/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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