Harvey L. Mahler v. State

LANSING, Judge.

Harvey L. Mahler was convicted of lewd conduct with a minor. In this case, he filed a petition for post-conviction relief after the statute of limitations had passed. The State responded with a motion seeking summary dismissal on that basis, but Mahler argued he was entitled to equitable tolling because of his intellectual disability. The post-conviction court considered the affidavits submitted by Mahler and records from the underlying criminal case and held that Mahler was not entitled to equitable tolling. Mahler appeals.

I

BACKGROUND

Mahler was charged with four counts of lewd…