Duncan v. State
This text of 807 P.2d 346 (Duncan v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Petitioner appeals the dismissal of his petition for post-conviction relief. The petition was dismissed as time-barred under ORS 138.510(2), as amended by Or Laws 1989, ch 1053, § 18, and because the prayer sought relief that is not obtainable by a post-conviction petition.
The state concedes that the petition was timely filed within 120 days after August 5,1989, the effective date of the amendment to ORS 138.510(2) that added the 120-day filing limitation. It also concedes that the post-conviction court should have allowed petitioner an opportunity to amend his petition under ORCP 23A.
The state argues, however, that petitioner did not prove his indigency and that the court’s refusal to appoint counsel for him was not error. We agree.
Reversed and remanded with instructions to allow petitioner to amend petition; otherwise affirmed.
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Cite This Page — Counsel Stack
807 P.2d 346, 106 Or. App. 482, 1991 Ore. App. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-state-orctapp-1991.