Teague v. Palmateer

Petitioner appeals the dismissal of his petition for post-conviction relief. ORS 138.650. That petition, which challenged petitioner’s dangerous offender sentence, alleged, variously, that the sentence was unconstitutional because it was based on facts not pleaded in the indictment and not found by the jury beyond a reasonable doubt, and that he received inadequate assistance of trial counsel because tried counsel failed to argue that the sentence was unconstitutional. The trial court dismissed the petition on three alternative grounds: (1) The petition was untimely filed under *593ORS…