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MAIDENS v. NOOTH

A158597.

403 P.3d 797 (2017)

288 Or. App. 37

Randy Lee MAIDENS, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

September 27, 2017.

Attorney(s) appearing for the Case

Jed Peterson , Portland, argued the cause for appellant. With him on the brief was O'Connor Weber LLP.

Dustin Buehler , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before DeVore, Presiding Judge, and DeHoog, Judge, and James, Judge.

Petitioner appeals from a judgment dismissing his successive petition for post-conviction relief. He acknowledges that his petition was untimely, but contends that it should have been allowed under the so-called "escape clauses" of ORS 138.510(3) and ORS 138.550(3) because he did not learn of the facts underlying his claims for relief...

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