Zsarko v. Angelozzi

Defendant, the Superintendent of the Columbia River Correctional Institution, moved to dismiss petitioner’s petition for post-conviction relief under ORCP 21 ACO)1 on the ground that it was untimely on its face under the two-year limitations period applicable to post-conviction proceedings, ORS 138.510(3). The post-conviction court agreed, and entered a judgment of dismissal. On appeal from that judgment, petitioner contends that the post-conviction court erroneously concluded that the limitations period ran from the date on which the trial court entered the judgment on his conviction, rather…