State v. Brooks

2 Citing cases

  1. State v. Jairl

    229 Or. 533 (Or. 1962)   Cited 34 times
    Holding that a defendant who pleads guilty may not appeal under ORS 138.040

    However, a court must take judicial notice of its own jurisdiction, and the scope of that jurisdiction cannot be enlarged by consent or waiver. Powell v. State By and Through Board of Pilot Commissioners, 224 Or. 122, 355 P.2d 224. We have not hesitated, after oral argument in this court, to dismiss appeals in which the question of jurisdiction was overlooked when it subsequently became apparent that we were without power to consider the issues which the appellant sought to submit: McEwen v. McEwen, 203 Or. 460, 280 P.2d 402 (1955); State v. Brooks, 214 Or. 535, 331 P.2d 343 (1958). It has long been settled that appeal in Oregon in both criminal and civil cases is not a constitutional right but a legislative grant: State v. Endsley, 214 Or. 537, 331 P.2d 338 (1958).

  2. State v. Kabachenko

    465 P.2d 891 (Or. Ct. App. 1970)   Cited 9 times

    However, a court must take judicial notice of its own jurisdiction, and the scope of that jurisdiction cannot be enlarged by consent or waiver. Powell v. State By and Through Board of Pilot Commissioners, 224 Or. 122, 355 P.2d 224. We have not hesitated, after oral argument in this court, to dismiss appeals in which the question of jurisdiction was overlooked when it subsequently became apparent that we were without power to consider the issues which the appellant sought to submit: McEwen v. McEwen, 203 Or. 460, 280 P.2d 402 (1955); State v. Brooks, 214 Or. 535, 331 P.2d 343 (1958)."