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BARTZ v. STATE OF OREGON

CC 90-CV-0091-TM; CA A67398; SC S38915, CC 90-C-11681; CA A67827; SC S39107.

839 P.2d 217 (1992)

314 Or. 353

Russell B. BARTZ, Petitioner on Review, v. STATE of Oregon, Respondent on Review. Homer BRITAIN, Petitioner on Review, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent on Review.

Supreme Court of Oregon.

Decided October 1, 1992.

Attorney(s) appearing for the Case

Steven K. Chappell, Bend, argued the cause and filed the petition for petitioner on review Bartz.

Jay Edwards, Salem, argued the cause and filed the petition for petitioner on review Britain.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondents on review.

Deschutes County CC 90-CV-0091-TM; CA A67398; SC S38915, Marion County CC 90-C-11681; CA A67827; SC S39107.

GRABER, Justice.

These cases1 present questions concerning the meaning and constitutionality of ORS 138.510(2), a provision 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...

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