Barber v. Gladden

This is the third time Barber has been here. In the first case, reported at 210 Or 46, 298 P2d 986, 309 P2d 192 (1957), he was denied habeas corpus relief. In the second case, 215 Or 129, 332 P2d 641 (1958), also habeas corpus, we held that the petition was barred by res judicata. In the opinion in that case, however, we said: “If a petitioner establishes that the grounds asserted in his petition could not reasonably have been presented in the prior proceeding he will not. be precluded from asserting them.” (215 Or at p 136). This is a proceeding under the recently enacted Post-Conviction…