Pollard v. Persson

Under the Post-Conviction Hearing Act, relief is available for claims actually alleged in a petition or amended petition; claims not raised in the petition or amended petition are waived unless the petitioner establishes that the claims could not reasonably have been asserted at that time.

Petitioner appealed from a judgment denying post-conviction relief. Petitioner had argued that his attorney provided ineffective assistance of counsel by allowing the police to interview him before the charges against him were filed. The trial court held that the decision to allow the interview was a reasonable strategic decision and relief was denied. On appeal, Petitioner argued his attorney was ineffective because he had not properly prepared him for the interview, a different theory than he had advanced in his petition. Under the Post-Conviction Hearing Act, as stated in Bowen v. Johnson, 166 Or App 89, 93 (2000), rev den, claims not asserted in the petition or amended petition are waived unless Petitioner could establish he could not reasonably have asserted them at that time. Affirmed.