Pascual v. Carver

ZIMMERMAN, Chief Justice:

Danilo Pascual appeals the dismissal of his petition for a writ of habeas corpus. Pascual claims he is entitled to habeas relief on the following grounds: (i) his trial counsel was ineffective, and (ii) he was inadequately represented on appeal. Pascual also challenges the constitutionality of section 78-12-31.1 of the Utah Code. That section imposes a three-month statute of limitations for bringing a petition for habeas relief. We affirm.

A jury convicted Pascual of criminal homicide, a first degree felony. On January 3, 1989, the district court sentenced Pascual to…