Putnam v. Angelozzi

Petitioner appeals from a judgment dismissing with prejudice his petition for post-conviction relief. The trial court dismissed the petition after concluding that defendant was entitled to summary judgment on the ground that the claims alleged in the petition were ones that reasonably could have been asserted in petitioner’s direct appeal and that, as a result, ORS 138.550(2)1 barred petitioner from raising them in a petition for post-conviction relief. For the reasons that follow, we conclude that there are factual disputes as to whether the bar contained in ORS 138.550(2) applies to the…