# ORS § 138.052: 138.052 Appeal from judgment of conviction and sentence of death > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.052 ## Section - **Citation:** ORS § 138.052 - **Heading:** 138.052 Appeal from judgment of conviction and sentence of death - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 14 / Chapter 138 / Section 138.052 ## Text (1) The judgment of conviction and sentence of death entered under ORS 163.150 (Sentencing for aggravated murder) (1)(f) is subject to automatic and direct review by the Supreme Court. The review by the Supreme Court has priority over all other cases and shall be heard in accordance with rules adopted by the Supreme Court. (2) Notwithstanding ORS 163.150 (Sentencing for aggravated murder) (1)(a), after automatic and direct review of a conviction and sentence of death the following apply: (a) If a reviewing court finds prejudicial error in the sentencing proceeding only, the court may set aside the sentence of death and remand the case to the trial court. No error in the sentencing proceeding results in reversal of the defendant’s conviction for aggravated murder. Upon remand and at the election of the state, the trial court shall either: (A) Sentence the defendant to imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(c); or (B) Impanel a new sentencing jury for the purpose of conducting a new sentencing proceeding to determine if the defendant should be sentenced to: (i) Death; (ii) Imprisonment for life without the possibility of release or parole as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(b); or (iii) Imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(c). (b) The new sentencing proceeding is governed by the provisions of ORS 163.150 (Sentencing for aggravated murder) (1), (2), (3) and (5). A transcript of all testimony and all exhibits and other evidence properly admitted in the prior trial and sentencing proceeding are admissible in the new sentencing proceeding. Either party may recall any witness who testified at the prior trial or sentencing proceeding and may present additional relevant evidence. (c) The provisions of this subsection are procedural and apply to any defendant sentenced to death after December 6, 1984. [Formerly 138.012] Note: 138.052 (Appeal from judgment of conviction and sentence of death) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. Source: Section 138.052 — Appeal from judgment of conviction and sentence of death; direct review by Supreme Court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 138.005 138.005 Definitions for ORS 138.010 to 138.310](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.005.md) - [ORS § 138.010 138.010 Mode of review](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.010.md) - [ORS § 138.015 138.015 Statutes applicable to appeals](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.015.md) - [ORS § 138.020 138.020 Who may appeal](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.020.md) - [ORS § 138.030 138.030 Parties designated “appellant” and “respondent”](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.030.md) - [ORS § 138.035 138.035 Appeal by defendant](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.035.md) - [ORS § 138.045 138.045 Appeal by state](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.045.md) - [ORS § 138.052 138.052 Appeal from judgment of conviction and sentence of death](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.052.md) - [ORS § 138.057 138.057 Appeal from judgment involving violation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.057.md) - [ORS § 138.065 138.065 Appeal from judgment or order deciding special statutory proceeding](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.065.md) - [ORS § 138.071 138.071 Time within which appeal must be taken](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.071.md) - [ORS § 138.081 138.081 Service and filing of notice of appeal](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.081.md) - [ORS § 138.085 138.085 Content requirements for certain notices of appeal](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.085.md) - [ORS § 138.090 138.090 Signature to notice of appeal](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.090.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.052. Check the current official text before relying on it. Not legal advice.