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FUNKHOUSER v. SMITH

A174085.

502 P.3d 1197 (2022)

316 Or. App. 812

Johnathan FUNKHOUSER, Petitioner-Appellant, v. Doug SMITH, Superintendent, Eastern Oregon Youth Correctional Facility, Defendant-Respondent.

Court of Appeals of Oregon.

January 5, 2022.

Attorney(s) appearing for the Case

Jedediah Peterson filed the brief for appellant. Also on the brief was O'Connor Weber LLC.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Ryan Kahn , Assistant Attorney General, filed the brief for respondent.

Before Kamins, Presiding Judge, and Lagesen, Chief Judge, and Landau, Senior Judge.

Petitioner appeals a judgment dismissing his petition for post-conviction relief as untimely following the post-conviction court's grant of summary judgment to the superintendent. It is undisputed the petition was not timely filed. Petitioner nonetheless contends that the trial court erred when it determined that he had not submitted sufficient...

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