Winstead v. State

DUNCAN, J. pro tempore

In this post-conviction case, the court granted summary judgment against petitioner on the ground that her claims of inadequate assistance of counsel were barred by ORS 138.510(3) because they were not filed within two years of her conviction. On appeal, petitioner argues that, viewed in the light most favorable to her, the record demonstrates that the grounds asserted in her petition “could not reasonably have been raised in the original or amended petition,” ORS 138.510(3), thereby bringing them within the statutory exception to the two-year filing period. We agree…