Hardin v. Popoff

Under ORS 138.510, a petitioner is required to file for post-conviction relief within two years of entry of the judgment of conviction, unless the grounds for relief could not reasonably have been raised during that period. A claim can reasonably be raised even if the underlying principle has not previously been analyzed in the petitioner's situation.

Hardin appealed the post-conviction court’s dismissal of his petition for post-conviction relief. The post-conviction court’s conclusion was based on ORS 138.510, which requires a petitioner to file for relief within two years after entry of judgment, unless the grounds for relief could not reasonably have been raised during that period. Hardin argued that he could not have reasonably been expected to raise a claim when no appellate court in Oregon had yet addressed his specific issue. The Court held that under the analysis in Long v. Armenakis, Hardin could have reasonably and timely sought post-conviction relief when the principle, underlying claim was not new and the only uncertainty was in its scope or application to Hardin’s particular circumstance. Affirmed.