Strasser v. Oregon
Annotate this CasePetitioner Ronald Strasser, whose direct appeal of his conviction, was dismissed by the Court of Appeals as untimely filed, argued in a subsequent post-conviction proceeding that appellate counsel was constitutionally inadequate in failing to request leave to file a late notice of appeal within the applicable 90-day window (although counsel had only been appointed four days before that window closed). Thus petitioner contended he was entitled to a delayed direct appeal. Alternatively, petitioner argued that, insofar as the Court of Appeals had not acted on his request for appointment of appellate counsel until four days before the 90-day deadline for filing a request for late appeal, it had effectively failed to appoint appellate counsel and, therefore, the ordinary bar on bringing claims in a post-conviction proceeding that could have been raised on direct appeal was inapplicable. The post-conviction court rejected both arguments and denied post-conviction relief, and the Court of Appeals affirmed without opinion. On review, the Oregon Supreme Court agreed with the post-conviction court’s determination that appellate counsel was not constitutionally inadequate or ineffective in failing to meet the 90-day deadline in these circumstances. The Supreme Court concluded, however, that the post-conviction court’s determination that petitioner was barred from raising what could have been direct appeal claims in post-conviction was based on an incorrect assumption about the applicable statute, and that it erred in declining to consider those claims. Accordingly, judgment was reversed and the matter remanded to the post-conviction court to consider and decide defendant’s claims of constitutional error by the trial court, without regard to the fact that they could have been raised in an appeal.
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