Hardin v. Popoff

Petitioner appeals the dismissal of his petition for post-conviction relief filed pursuant to ORS 138.510. He assigns error to the post-conviction court’s conclusion that his petition was time barred under ORS 138.510(3), which presumptively requires a petitioner to file for relief within two years after entry of judgment. Petitioner argues that his claim falls within an exception to that statute of limitations, which allows him to assert “grounds for relief * * * which could not reasonably have been raised” within the time allowed. See ORS 138.510(3). The state contends that petitioner could…