Utah Code 78B-9-107. Statute of limitations for postconviction relief
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(1) A petitioner is entitled to relief only if the petition is filed within one year after the day on which the cause of action has accrued.
Terms Used In Utah Code 78B-9-107
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of:(47)(a) the state;(47)(b) a court; or(47)(c) a judicial officer. See Utah Code 68-3-12.5
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
(2) For purposes of this section, the cause of action accrues on the later of the following dates:(2)(a) the last day for filing an appeal from the entry of the final judgment of conviction, if no appeal is taken;(2)(b) the entry of the decision of the appellate court that has jurisdiction over the case, if an appeal is taken;(2)(c) the last day for filing a petition for writ of certiorari in the Utah Supreme Court or the United States Supreme Court, if no petition for writ of certiorari is filed;(2)(d) the entry of the denial of the petition for writ of certiorari or the entry of the decision on the petition for certiorari review, if a petition for writ of certiorari is filed;(2)(e) the date on which petitioner knew or should have known, in the exercise of reasonable diligence, of evidentiary facts on which the petition is based; or(2)(f) the date on which the new rule described in Subsection 78B-9-104(1)(g) is established.(3)(3)(a) The limitations period is tolled for any period during which the petitioner was prevented from filing a petition due to state action in violation of the United States Constitution, due to physical or mental incapacity, or for claims arising under Subsection 78B-9-104(1)(h), due to force, fraud, or coercion as defined in Section 76-5-308.(3)(b) The petitioner has the burden of proving by a preponderance of the evidence that the petitioner is entitled to relief under this Subsection (3).(4) The statute of limitations is tolled during the pendency of the outcome of a petition asserting:(4)(a) exoneration through DNA testing under Section 78B-9-303; or(4)(b) factual innocence under Section 78B-9-402.(5) Sections 77-19-8, 78B-2-104, and 78B-2-111 do not extend the limitations period established in this section.(6) This section does not apply to a petition filed under Part 3, Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.