Baldeagle v. Lampert

Petitioner appeals from a judgment dismissing his petition for post-conviction relief as untimely. Petitioner contends that he constructively filed his petition within the applicable two-year statute of limitation. ORS 138.510(3)(b). We review for legal error and reverse.

The facts are undisputed. Petitioner was convicted in 1996 of two counts of sexual abuse. We affirmed his convictions on direct appeal, State v. Baldeagle, 154 Or App 234, 961 P2d 264, rev den, 327 Or 621 (1998), and our decision on appeal became final on December 9, 1998. Petitioner sought post-conviction relief from his…