Kell v. State

Associate Chief Justice NEHRING,

opinion of the Court:

INTRODUCTION

T1 Troy Michael Kell brought a motion under rule 60(b) of the Utah Rules of Civil Procedure in an effort to resuscitate his petition for postconviction relief, which had been denied by the district court and affirmed by us on appeal. The district court determined that relief was unavailable under rule 60(b) because we had already affirmed its rejection of his petition and the case was therefore no longer "pending." Mr. Kell appeals We affirm on alternate grounds.

BACKGROUND

T2 Mr. Kell was convicted of murder and sentenced to…