Diep v. State

[¶ 1] Kim Diep appeals from the summary dismissal by the Superior Court (Cumberland County, Studstrup, J.) of his petition for post-conviction review. On appeal, Diep argues that the court erroneously interpreted a statute of limitations section of the post-conviction review statute as a limitation on the subject matter jurisdiction of the court. The State agrees that the Superior Court erred. We vacate the judgment.

[¶ 2] The relevant facts may be summarized as follows: In September of 1996, Diep was indicted on charges of burglary, aggravated assault, and violating a protection from abuse…