Legal Opinion · Concurring in the judgment

Winward v. State

Utah Supreme Court

Decided December 7, 2012No. 20101005Published

1Concurring in the judgmentJustice Lee

1 38 I agree with the judgment of the court but write separately to highlight a disagreement with the majority's analysis on a threshold issue. Specifically, though I would affirm the dismissal of Winward's PCRA petition as time-barred, I would do so by expressly repudiating the "egregious injustice" exception invoked by the court.

39 We have no authority to apply such an exception. It is a remnant of a long-since repealed section of the PCRA,1 which we of course have no business reviving through our case law. Our authority to invoke exceptions not codified in the PCRA is necessarily limited…

2Cases cited32 opinions

  1. State Ex Rel. Glover v. StateSupreme Court of Louisiana · 1995
  2. Michel v. LouisianaSupreme Court of the United States · 1956
  3. Affronti v. United StatesSupreme Court of the United States · 1955
  4. Swain v. PressleySupreme Court of the United States · 1977
  5. Potts v. StateTennessee Supreme Court · 1992

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API