Perez-Rodriguez v. OregonAnnotate this Case
The Oregon Supreme Court allowed review of two cases this case, and Gutale v. Oregon, 395 P3d 942 (2017), requiring it to interpret the meaning and scope of the "escape clause" found in ORS 138.510(3). In both cases, petitioners alleged that their trial counsels were constitutionally ineffective and inadequate under the state and federal constitutions, based on the failure of those attorneys to provide petitioners with information regarding the immigration consequences of their guilty pleas. And petitioners in both cases alleged that their claims fell within the escape clause because they learned of their counsel’s inadequacy only when they were put in deportation proceedings after the statute of limitations had run. Both petitioners argued that they should not have been presumed to know the law any sooner than that. In this case (but not in Gutale), petitioner Ricardo Perez-Rodriquez was told at the time of his plea that there might be immigration consequences to his conviction, even though he was not told that there certainly would be immigration consequences. Furthermore, in this case (but not in Gutale), petitioner alleged that his mental illness and intellectual disability prevented him from knowing that he had a claim for post-conviction relief within the two-year limitations period. The state moved to dismiss, arguing that the laws underlying petitioner’s claim were reasonably available to him. The post-conviction court dismissed the petition as time-barred under ORS 138.510(3). The Court of Appeals affirmed without opinion. Finding no error in this case, the Supreme Court affirmed the Court of Appeals and the post-conviction court.