Olive v. Maas

Mark Olive appeals from a final order dismissing with prejudice his three count amended complaint seeking a declaration that the statute governing the statewide registry of private attorneys available for court appointment to represent death row inmates in postconviction proceedings (Registry Act) is unconstitutional. We reverse and remand to the trial court for further proceedings.

The trial court essentially gave three reasons for dismissing Olive’s amended complaint. First, the trial court determined that there was no actual justiciable controversy between the parties because the Registry…