Phelps v. State

Petitioner appeals from a judgment dismissing his petition for post-conviction relief. In April 1981, petitioner was convicted of attempted delivery of a controlled substance. He served his sentence at the Washington County Jail. Later, petitioner was incarcerated at the Oregon State Correctional Institution (OSCI) on an unrelated conviction. In September 1993, while at OSCI, petitioner filed a petition in the Washington County Circuit Court seeking post-conviction relief on the 1981 conviction. In December, after the state failed to respond to his petition, petitioner filed a motion for an…