Legal Opinion

Hernandez-Zurita v. State

Court of Appeals of Oregon

Decided March 7, 2018No. A161593PublishedCited by 6 opinions

1Opinion of the CourtLagesen, P.J.

*623In 2009, petitioner pleaded guilty to one count of unlawful delivery of methamphetamine. The federal government then deported him to Mexico. Six years later, in 2015, he filed a petition for post-conviction relief in which he alleged that he received constitutionally inadequate assistance with regard to the plea. His petition admitted that it was untimely under the two-year limitation period in ORS 138.510(3) but asserted that it satisfied the "escape clause" of that statute, which permits a late filing if the grounds alleged in the petition "could not reasonably have been raised" within the…

2Cases cited15 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. State v. CivilCourt of Appeals of Oregon · 2017
  3. Bartz v. State of OregonOregon Supreme Court · 1992
  4. Verduzco v. State of OregonOregon Supreme Court · 2015
  5. Anderson v. Chambliss Et Ux.Oregon Supreme Court · 1953

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3Cited by6 opinions

  1. Canales-Robles v. LaneyCourt of Appeals of Oregon · 2021
  2. Reeves v. NoothCourt of Appeals of Oregon · 2018
  3. Ingle v. MatteucciCourt of Appeals of Oregon · 2021
  4. Colon-Lebron v. TaylorCourt of Appeals of Oregon · 2018
  5. Aponte v. State of OregonCourt of Appeals of Oregon · 2022

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