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FISHER v. BELLEQUE

06C11464; A137305.

240 P.3d 745 (2010)

237 Or. App. 405

William Joshua FISHER, Petitioner-Appellant, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Andrew S. Chilton argued the cause for appellant. With him on the brief was Chilton, Ebbett & Galli, LLC. William Joshua Fisher filed the supplemental brief pro se.

Matthew J. Lysne , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

The post-conviction court dismissed petitioner's petition for post-conviction relief because it was not filed within the two-year period of limitation provided by ORS 138.510(3). Petitioner contends that his untimely petition should be excused under the exception of ORS 138.510(3) for a "ground[] for relief asserted which could not reasonably have been raised," because he suffered from mental disorders that prevented him from timely filing his petition...

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