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Oregon Supreme Court, October 1, 2020

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by: Rankin Johnson • October 9, 2020 • no comments

 

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)