Nava v. State

¶1 Richard James Nava (Nava) appeals the order from the Thirteenth Judicial District, Yellowstone County, denying his Petition for Postconviction Relief (PCR Petition). We reverse the District Court’s conclusion that Nava’s PCR Petition was untimely, and we remand to allow Nava to file an amended PCR Petition.

ISSUES

¶2 A restatement of the issues on appeal is:

1. Did the District Court err in ruling that Nava’s PCR Petition was untimely?

2. Do the interests of justice require this matter be remanded so that Nava can file an amended PCR Petition?

3. Did the District Court err by not appointing…