Colon-Lebron v. Taylor

*709Petitioner appeals a judgment that dismissed his petition for post-conviction relief as untimely under ORS 138.510(3). On appeal, petitioner argues that he suffers from mental disabilities that prevent him from making timely decisions, including whether to file a post-conviction petition, and that his untimely filing should therefore be excused under the "escape clause" of ORS 138.510(3). That argument is foreclosed by our decision in Fisher v. Belleque , 237 Or. App. 405, 411, 240 P.3d 745 (2010), rev. den. , 349 Or. 601, 248 P.3d 419 (2011) (holding that the petitioner's mental illness,…