Stahlman v. Mills

Petitioner appeals from a judgment dismissing his post-conviction action as untimely under ORS 138.510(3). Petitioner agues that his criminal appellate counsel provided constitutionally inadequate assistance to him by failing to object to the use of an unqualifying conviction to support the imposition of a determinate sentence on his conviction for first-degree kidnapping. Petitioner also argues that, even though he did not file this action within the two-year statutory limitation period after his kidnapping conviction became final, he is entitled to the benefit of the escape clause of ORS…