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CANALES-ROBLES v. LANEY

A169555.

498 P.3d 343 (2021)

314 Or. App. 413

Hector Fernando CANALES-ROBLES, Petitioner-Appellant, v. Garrett LANEY, Superintendent, Oregon State Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

September 9, 2021.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher argued the cause and filed the brief for appellant.

Jordan R. Silk , Assistant Attorney General, argued the cause for respondent. Also on the brief were Frederick M. Boss , Deputy Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Petitioner appeals from a judgment dismissing his post-conviction relief petition as time barred. ORS 138.510(3). Petitioner does not dispute that he filed his post-conviction petition outside of the statutory two-year time limit, but argues that his late filing should be excused under the statutory "escape clause" because he was deprived...

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