Oregon Supreme Court, October 1, 2020
From OCDLA Library of Defense
< Blog:Case Reviews(Difference between revisions)
by: Rankin Johnson • October 9, 2020 • no comments
(Created page with " <summary hidden> POST-CONVICTION RELIEF - Statute of limitation </summary> '''Summarized by Rankin Johnson, OCDLA''' '''POST-CONVICTION RELIEF - Statute of limitation''' ...") |
Latest revision as of 09:19, October 10, 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)
