Rule 12.10 - AUTOMATIC REVIEW IN DEATH SENTENCE CASES(1) Whenever a defendant is sentenced to death, the judgment of conviction and sentence of death are subject to automatic and direct review by the Supreme Court without the defendant filing a notice of appeal.(2) If, in addition to a conviction for aggravated murder forming the basis for the death sentence, a defendant is convicted of one or more charges arising from the same charging instrument, the Supreme Court shall have jurisdiction to review any such conviction without the filing of a notice of appeal.(3) Immediately after entry of the judgment of conviction and sentence of death, the trial court administrator shall prepare a packet consisting of the following:(a) A copy of the judgment of conviction.(b) A copy of the order of sentence of death unless that sentence is contained in the judgment of conviction.(c) A certificate by the trial court administrator stating:(i) the date of entry of each writing described above.(ii) the names, mailing addresses, telephone numbers, and email addresses of the attorneys of record for the state and for the defendant at the date of entry of each writing described above.(d) A cover sheet captioned "In the Supreme Court of the State of Oregon" and showing the court in which the judgment of conviction and sentence of death were made, the title of the case, the trial court case number, the name of the judge who imposed the sentence of death and the caption: "Automatic Death Sentence Review."(4) The trial court administrator shall serve a true copy of the packet on the defendant and on each attorney and the transcript coordinator. The trial court administrator shall endorse proof of service on the original of the packet and send the original to the Administrator, who shall immediately notify the Chief Justice of receipt thereof. (5)(a) Service of a copy of the packet on the transcript coordinator shall be deemed to be authorization for the transcript coordinator to arrange for preparation of a transcript of all parts of the criminal proceeding, including all pretrial hearings and selection of the jury. (b) A transcript shall meet the specifications of ORAP 3.35.(c) A transcript shall be filed within 60 days after the date the packet is served on the transcript coordinator. (d) Transcripts shall be settled in the same manner as on an appeal pursuant to ORS 138.015 and ORS 19.370, except that a first extension of time of 30 days to file a motion to correct the transcript or add to the record will be deemed granted if, within 15 days after the transcript is filed, a party files a notice of need for additional time to file such a motion.(6)(a) If the defendant desires to file an opening brief, the brief is due 180 days after the transcript is settled. (b) If the state desires to file an answering brief, the brief is due: (i) When the defendant does not desire to file an opening brief, 180 days after the transcript is settled.(ii) When the defendant files an opening brief, 180 days after the defendant serves and files the defendant's opening brief.(c) If the defendant has filed an opening brief, the defendant may file a reply brief, which shall be due 90 days after the state serves and files its answering brief.(d) Motions for extension of time shall be made in accordance with ORAP 7.25. Other than a first motion for an extension of time of 60 days or less to file a brief, a motion for extension of time shall include a statement generally describing the work completed and remaining on the brief.(e) Specifications for briefs shall be those set forth in ORAP 5.05, except that, unless the party files a motion at least 14 days before the filing deadline for the brief and obtains leave of the court for a longer brief, (i) the maximum length of an opening or answering brief is 70,000 words or, if the certification under ORAP 5.05(1)(d) certifies that the preparer does not have access to a word-processing system that provides a word count, 250 pages; and(ii) the maximum length of a reply brief is 20,000 words or, if the certification under ORAP 5.05(1)(d) indicates that the preparer does not have access to a word-processing system that provides a word count, 75 pages.(7) Notwithstanding UTCR 6.120(1), the trial court administrator shall send the trial court file and exhibits to the Administrator.(8) Preparation, service, and sending of the packet, the trial court file and exhibits offered, preparation of transcripts, preparation of briefs, and review by the Supreme Court shall be accorded priority over all other cases by all persons concerned.Amended November 21, 2016, effective 1/1/2017; amended November 15, 2018, effective 1/1/2019; amended November 13, 2020, effective 1/1/2021.