Oregon Supreme Court, June 24, 2021
Summarized by Rankin Johnson, OCDLA
POST-CONVICTION RELIEF - Effect of failure to appeal
Failure to appeal does not prevent raising in post-conviction court issues that could have been raised on appeal. Court of Appeals and post-conviction court reversed.
After representing himself at trial, petitioner sought appointed counsel to appeal. Appellate counsel was appointed too late to file a notice of appeal. The post-conviction court declined to consider issues that could have been raised on appeal. The Supreme Court held that the post-conviction court should have ruled on the merits.
The court also held that, in light of the lateness of the appointment and the limited information then available, appellate counsel was not ineffective.
Strasser v. State 368 Or 238 (June 24, 2021) (Nelson) (Multnomah County, Norby)