Xavier v. State

OPINION

BOLGER, Judge.

In 1985, Francis P. Xavier pleaded no contest to second-degree murder. Twenty years later, Xavier filed an application for post-conviction relief, which the superior court dismissed as untimely. On appeal, Xavier claims that the legislature did not intend for this statute of limitations to apply to first-time applicants for post-conviction relief, and that denying him the opportunity to file a post-conviction relief application violates his right to due process.

The language of the post-conviction relief statute and its legislative history give no indication that the…