Keerins v. Schiedler

Petitioner appeals a judgment dismissing his petition for post-conviction relief. The dismissal followed the granting of defendant’s serial motions for partial summary judgment. We reverse and remand.

In his first assignment of error, petitioner contends that the post-conviction court erred in concluding that some of his claims for relief were time-barred. Petitioner concedes that he did not file his petition within the applicable 120-day limitation period. ORS 138.510(2).1 He argues, however, that his delay in filing is excused under ORS 138.510(2)(a), which provides that when a defendant…