Oregon Supreme Court, October 1, 2020
Summarized by Rankin Johnson, OCDLA
POST-CONVICTION RELIEF - Statute of limitation
Petitioner, who raised an argument supported by a recent decision, but not foreclosed by prior law, was not entitled to escape-clause treatment.
The court explained that a change in the law will permit a late or successive PCR petition only if the change is so novel and surprising that a timely petition could not reasonably have relied on it.
Perez v. Cain 367 Or 96 (October 1, 2020) (Garrett) (Malheur County, Landis)