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GUTALE v. STATE

(CC C131617CV) (SC S065136).

435 P.3d 728 (2019)

364 Or. 502

Abdalla Dahir GUTALE, Petitioner on Review, v. STATE of Oregon, Respondent on Review.

Supreme Court of Oregon.

February 28, 2019.

Attorney(s) appearing for the Case

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

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

Before Walters, Chief Justice, and Balmer, Nakamoto, and Nelson, Justices, and Kistler, Senior Justice pro tempore, and Roger DeHoog, Judge of the Court of Appeals, Justice pro tempore.

A petition for post-conviction relief "must be filed within two years" of the conviction becoming final, unless the petition falls within the escape clause. ORS 138.510(3). A petition falls within the escape clause if the "grounds for relief asserted *** could not reasonably have been raised" within the limitation period. Id. This...

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