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Court of Appeals of Oregon.

JHOSUAMIL COLON-LEBRON, Petitioner-Appellant, v. Jeri TAYLOR, Superintendent, Eastern Oregon Correctional Institution, Defendant-Respondent.


    Decided: March 07, 2018

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge. Raymond Tindell filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Christopher Page, Assistant Attorney General, filed the brief for respondent.


Petitioner appeals a judgment that dismissed his petition for post-conviction relief as untimely under ORS 138.510(3). On appeal, petitioner argues that he suffers from mental disabilities that prevent him from making timely decisions, including whether to file a post-conviction petition, and that his untimely filing should therefore be excused under the “escape clause” of ORS 138.510(3). That argument is foreclosed by our decision in Fisher v. Belleque, 237 Or App 405, 411, 240 P3d 745 (2010), rev den, 349 Or 601 (2011) (holding that the petitioner's mental illness, which rendered him incapable of appreciating the signifi-cance of publicly available information, was not sufficient to trigger the escape clause of ORS 138.510(3)); see Hernandez-Zurita v. State of Oregon, 290 Or App ___, ___, ___ P3d ___ (2018) (rejecting an argument that Fisher was overruled by Verduzco v. State of Oregon, 357 Or 553, 355 P3d 902 (2015), and adhering to Fisher's reasoning). To the extent that petitioner also advances an argument that the court should have permitted his late filing under principles of due process, we reject that undeveloped argument without discussion.



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