ORS 157.020¹
Who may appeal
  • appealable judgments and orders

(1) Except as provided in subsection (2) of this section, an appeal may be taken only by the defendant and whether or not the judgment is that the defendant pay a fine or be imprisoned.

(2) The plaintiff may take an appeal from:

(a) An order made before jeopardy attaches dismissing the accusatory instrument;

(b) An order arresting the judgment;

(c) An order made before jeopardy attaches suppressing evidence; or

(d) An order made before jeopardy attaches for the return or restoration of things seized. [Amended by 1959 c.196 §1; 1967 c.528 §1; 1971 c.644 §2; 1985 c.342 §13]

Notes of Decisions

District court’s suppression of evidence is a final determina­tion and has res judicata effect if the state does not ap­peal. State v. Swain/Goldsmith, 267 Or 527, 517 P2d 684 (1974)

Where state ap­pealed from district court’s suppression of evidence pursuant to this sec­tion, but failed to ap­peal to Court of Appeals from circuit court’s affirmance of the order of suppression, state may not raise suppression issue in later de novo trial in circuit court. State v. Krey, 18 Or App 22, 523 P2d 600 (1974)

1 Legislative Counsel Committee, CHAPTER 157—Appeals in Criminal Actions; Writ of Review, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors157.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 157, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano157.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information