State v. Starr
Court of Appeals of Oregon
1Opinion of the CourtSchuman, J.
On the court’s own motion, we have raised the following issue in this criminal case: Is a motion in arrest of judgment, like a motion for a new trial, ORCP 64 F, deemed denied if, 55 days after the entry of judgment, no order ruling on the motion has been entered? We conclude that the motion is not deemed denied. We also conclude that the filing of a motion in arrest of judgment renders the judgment nonappealable until an order is entered disposing of the motion. Because no such order has been entered in this case, we dismiss the appeal.
Defendant was found guilty of a crime on April 6, 2006.…
2Cases cited12 opinions
- Hoffer v. StateWashington Supreme Court · 1989
- Gillespie v. KononenOregon Supreme Court · 1990
- Welker Ex Rel. Bradbury v. Teachers Standards & Practices CommissionOregon Supreme Court · 2001
- Ryerse v. HaddockOregon Supreme Court · 2004
- Alternative Realty v. MichaelsCourt of Appeals of Oregon · 1988
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3Cited by3 opinions
- State v. NyhuisCourt of Appeals of Oregon · 2012
- Jones v. NavaCourt of Appeals of Oregon · 2014
- State v. MeiserCourt of Appeals of Oregon · 2018