State Ex Rel. Juvenile Department v. Balderas

Appellant, the youth in this juvenile delinquency proceeding, has moved for leave to pursue an otherwise untimely commenced appeal. The motion raises the question of whether the court has jurisdiction in this matter. In particular, should the principle of State ex rel SOSCF v. Hammons, 169 Or App 589, 10 P3d 310 (2000), be extended to a juvenile delinquency proceeding where youth’s counsel failed to file a timely notice of appeal and youth asserts that that failure constituted inadequate assistance of counsel? We conclude that youth is entitled to assert that counsel’s failure to file a…