Bean v. Cain

529 Submitted February 4, reversed and remanded September 15, 2021 DANIEL CHRISTOPHER BEAN, Petitioner-Appellant, v. Brad CAIN, Superintendent, Snake River Correctional Institution, Defendant-Respondent. Malheur County Circuit Court 17CV38858; A170546

497 P3d 1273

Petitioner appeals a judgment entered after the post-conviction court granted summary judgment in favor of the superintendent on the basis that petitioner’s claims were untimely. On appeal, petitioner argues that he demonstrated a gen- uine issue of material fact with respect to the application of the ORS 138.510 “escape clause,”…