Earle v. Warden of Utah State Prison, Department of Corrections

DURHAM, Justice:

Anthony Earle’s appeal from a denial of a petition for habeas corpus was dismissed by the Utah Court of Appeals on April 27, 1989. Earle filed a motion to reinstate the appeal on May 24, 1989, which was denied on June 20, 1989. On August 3, 1989, Earle filed a petition for certiorari with this court. We granted his petition and ordered a writ of certiorari to the Utah Court of Appeals. We now dismiss that writ for lack of jurisdiction.

This court does not have jurisdiction to hear a case in which the petition for certiorari is not timely filed. According to former rule 45(a),…