Qui Phu Phan v. Morrow

Petitioner appeals from a judgment dismissing his post-conviction petition with prejudice and denying post-conviction relief. The trial court dismissed the post-conviction petition with prejudice because petitioner’s trial counsel had failed to timely file a trial memorandum. We reverse the judgment and remand to the trial court.

Petitioner pleaded no contest to aggravated murder in June 1998. He received a 30-year sentence with eligibility for parole after 25 years. Petitioner did not appeal the judgment or sentence. In his post-conviction petition, petitioner alleged that he received…