Appeal from Linn County Circuit Court, Daniel R. Murphy, Judge. 181 Or. App. 467, 46 P.3d 229 (2002). Andy Simrin, Salem, argued the cause and filed the brief for petitioner on review.
The Oregon Court of Appeals affirmed without opinion and the Oregon Supreme Court denied review. State v. Bletson, 181 Or. App. 126, 46 P.3d 229, rev. denied, 334 Or. 491, 52 P.3d 1057 (2002) . Petitioner then sought state post-conviction relief ("PCR").
The Oregon Court of Appeals affirmed the lower court without opinion, and the Oregon Supreme Court denied review. Palmer v. Baldwin, 181 Or. App. 467, 46 P.3d 229 (2002), rev. denied 335 Or. 195, 64 P.3d 576 (2003). On April 7, 2004, petitioner filed his federal Petition for Writ of Habeas Corpus. Petitioner concedes that his Petition was not timely filed within the one-year statute of limitations set forth in the Anti-Terrorism and Effective Death Penalty Act, but asks the court to excuse this procedural defect because he is entitled to equitable tolling, and because he is actually innocent of his underlying crimes.
The Oregon Court of Appeals affirmed the PCR trial court without opinion and the Oregon Supreme Court denied review. Fernandez v. Armenakis, 181 Or. App. 467, 46 P.3d 229, rev. denied, 335 Or. 104, 59 P.3d 1279 (2002). Petitioner filed the current action on January 6, 2003.
We affirmed without opinion. State v. Davis, 181 Or App 467, 46 P3d 229 (2002). The Supreme Court allowed review.
Mother appealed the juvenile court's March 2001 order; this court affirmed without opinion. State ex rel Juv. Dept. v. Lee, 181 Or. App. 467, 46 P.3d 229 (2002). At about the same time, DHS also obtained temporary custody of A.