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BOONE v. WRIGHT

CC CV 89-1059, CC 90-C-10150; CA A64820, A65481; SC S38940, S38975.

836 P.2d 727 (1992)

314 Or. 135

David A. BOONE, Petitioner on Review, v. R.L. WRIGHT, Superintendent, Eastern Oregon Correctional Institution, Respondent on Review. Elvin Larry REEVE, Petitioner on Review, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided August 20, 1992.

Attorney(s) appearing for the Case

Allan L. Gallagher, of Bettis & Associates, P.C., Canby, argued the cause and filed the petition for petitioner on review Boone. With him on the petition was Wade P. Bettis, Jr., LaGrande.

David B. Kuhns, Salem, argued the cause and filed the petition for petitioner on review Reeve.

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

GRABER, Justice.

Before 1989, the Post-Conviction Hearing Act (PCHA), ORS 138.510 to 138.680, imposed no time limit for persons convicted of crimes to file petitions for post-conviction relief. ORS 138.510(2) (1987) provided that petitions for post-conviction relief "may be filed without limit in time." In 1989, the legislature amended ORS 138.510(2) to add a 120-day statute of limitations for filing petitions for post-conviction relief:

"A petition pursuant...

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