Legal Opinion
Bartz v. State of Oregon
Oregon Supreme Court
Decided October 1, 1992No. Deschutes County CC 90-CV-0091-TM; CA A67398; SC S38915; Marion County CC 90-C-11681; CA A67827; SC S39107PublishedCited by 84 opinions
1Opinion of the CourtGraber, J.
These cases 1 present questions concerning the meaning and constitutionality of ORS 138.510(2), aprovision of the Post-Conviction Hearing Act (PCHA), ORS 138.510 to 138.680. As amended in 1989, ORS 138.510(2) imposes a 120-day period of limitation on the filing of petitions for post-conviction relief. It also provides an exception:
“(2) A petition pursuant to [the PCHA] must be filed within 120 days of the following, unless the court on hearing a subsequent petition finds grounds for relief asserted which could not reasonably have been raised in the original or amended petition:
“(a) If no…
2Cases cited31 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Fay v. NoiaSupreme Court of the United States · 1963
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Mullaney v. WilburSupreme Court of the United States · 1975
- Michel v. LouisianaSupreme Court of the United States · 1956
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3Cited by84 opinions
- State v. TuckerOregon Supreme Court · 1993
- State v. AdamsOregon Supreme Court · 1993
- Matter of Personal Restraint of RunyanWashington Supreme Court · 2000
- Michael Wayne Jenkins v. Dan Johnson, SuperintendentCourt of Appeals for the Ninth Circuit · 2003
- In the Matter of Marriage of Perlenfein and PerlenfeinOregon Supreme Court · 1993
79 more not listed; retrieve them via the Exa API.