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FISHER v. BELLEQUE

06C11464; A137305.

240 P.3d 745 (2010)

237 Or. App. 405

William Joshua FISHER, Petitioner-Appellant, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Andrew S. Chilton argued the cause for appellant. With him on the brief was Chilton, Ebbett & Galli, LLC. William Joshua Fisher filed the supplemental brief pro se.

Matthew J. Lysne, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

The post-conviction court dismissed petitioner's petition for post-conviction relief because it was not filed within the two-year period of limitation provided by ORS 138.510(3). Petitioner contends that his untimely petition should be excused under the exception of ORS 138.510(3) for a "ground[] for relief asserted which could not reasonably have been raised," because he suffered from mental disorders that prevented him from timely filing his petition...

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