Canales-Robles v. Laney

ORS 138.510(3) provides: “A petition pursuant to ORS 138.510 to 138.680 must be filed within two years of the [date that the conviction became final], 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.”

Petitioner’s post-conviction relief petition was found time barred, and he appeals the dismissal. Petitioner assigned error to the denial of his post-conviction relief petition. On appeal, Petitioner acknowledged that he filed his petition beyond the statutory period, however he could not sufficiently raise the claims in his petition as he was not in a facility with access to legal materials. Additionally, petitioner argues that the filing was allowed under the statutory “escape clause.” In response, the state argues Petitioner was put “on notice” by his attorney, and the fact he was present at his trial. ORS 138.510(3) provides: “A petition pursuant to ORS 138.510 to 138.680 must be filed within two years of the [date that the conviction became final], 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.” The Court found that “grounds for relief were not reasonably available to him,” and the case should not be dismissed as there is “genuine dispute of fact.” Therefore, the filing period should be tolled when Petitioner did not have adequate access to legal materials. Reversed and Remanded.