PEREZ-RODRIGUEZ v. STATE

(CC C152724CV), (SC S065022).

435 P.3d 746 (2019)

364 Or. 489

Ricardo PEREZ-RODRIGUEZ, Petitioner on Review, v. STATE of Oregon, Respondent on Review.

Supreme Court of Oregon.

February 28, 2019.


Attorney(s) appearing for the Case

Jed Peterson , O'Connor Weber LLC, Portland, argued the cause and filed the briefs for petitioner on review.

Jonathan N. Schildt , Assistant Attorney General, Salem, argued the cause for respondent on review. Ryan Kahn , Assistant Attorney General, filed the brief. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Balmer, Nakamoto, Duncan, Nelson, and Garrett, Justices, and Kistler, Senior Justice pro tempore.


Under the Post-Conviction Hearing Act (PCHA), a petition for post-conviction relief must generally be filed within two years of a criminal defendant's conviction becoming final. ORS 138.510(3). That statute of limitations, however, is subject to an escape clause, allowing an untimely petition...

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