Strasser v. State of Oregon

Summary

The court held that appellate counsel was not constitutionally ineffective for failing to file a late-appeal motion within the remaining two business days, because counsel lacked sufficient time and information to make the required factual and legal showings. It nevertheless held that the statutory bar on post-conviction claims applies only when the petitioner sought and obtained direct appellate review, so the petitioner’s constitutional trial claims were not barred after his appeal was dismissed. The case was remanded for the post-conviction court to decide those claims. There were no separate opinions.