Felkel v. Thompson

In this post-conviction proceeding, petitioner filed an untimely appeal of a judgment denying post-conviction relief. In such circumstances, rather than immediately dismissing the appeal, we have historically followed a practice of issuing orders directing the petitioner to show cause why the appeal should not be dismissed as untimely filed. Those show cause orders have expressly referred to ORS 138.071(4), which provides a "show cause" exception to the 30-day time limit for filing appeals in criminal cases. Because our resort to and reliance on show cause orders, rather than outright dismissal, implicates our jurisdiction, we have, on our own motion, decided to re-examine that practice. For the reasons explained below, we repudiate that practice and, consequently, dismiss the appeal.