NCJ Number
6806
Journal
Oregon Law Review Volume: 51 Issue: 4 Dated: (SUMMER 1972) Pages: 650-664
Date Published
1972
Length
15 pages
Annotation
RECENT PROCEDURAL REFORM EFFORTS IN OREGON HAVE FOCUSED UPON ELIMINATING THE SUBSTANTIAL DELAYS BETWEEN TRIAL COURT SENTENCING AND APPELLATE DISPOSITION.
Abstract
MANY UNNECESSARY DELAYS IN MOVING A CRIMINAL CASE THROUGH THE APPELLATE PROCESS ARE ATTRIBUTABLE TO STATUTES, RULES AND PRACTICES WHICH PERMIT AND ENCOURAGE DELAY IN EACH STEP OF THE APPEAL. RECENT OREGON STATUTORY CHANGES HAVE EXPEDITED AND SIMPLIFIED CRIMINAL APPELLATE PROCESS. ONE RECENT AMENDMENT NOW PERMITS THE FILING OF A NOTICE OF APPEAL ANYTIME AFTER VERDICT, RATHER THAN AFTER SENTENCING, AND REMOVES CERTAIN MINISTERIAL REQUIREMENTS. ANOTHER AMENDMENT MAKES THE RELEASE OF A DEFENDANT ON BAIL, PENDING APPEAL, DISCRETIONARY RATHER THAN MANDATORY, AT LEAST PARTIALLY ELIMINATING FRIVOLOUS APPEALS AND EXTENDED DELAYS IN THEIR PROCESSING. ALSO, IN AN EFFORT TO REDUCE THE DELAY PRECIPITATED BY TRANSCRIPTION OF THE TRIAL COURT RECORD AND DELIVERY OF THE RECORD TO THE APPELLATE COURT, OREGON HAS ADOPTED EXPERIMENTAL ELECTRONIC REPORTING WHICH OFFERS A SIGNIFICANT OPPORTUNITY TO ELIMINATE DELAY IN TRANSCRIPTION TIME. FINALLY, RECENT APPELLATE COURT RULES HAVE REDUCED THE TIME WITHIN WHICH TO FILE BRIEFS, THUS FURTHER REDUCING THE AVERAGE TOTAL TIME TO PROCESS CRIMINAL APPEALS.