Winward v. State

Justice DURHAM,

opinion of the Court:

INTRODUCTION

1[ 1 This is Mr. Winward's second appeal in a postconviction proceeding he initiated in 2009. On his first appeal, we affirmed the dismissal of most of his claims, concluding they were barred by the statute of limitations of the Post-Conviction Remedies Act (PCRA). Winward v. State, 2012 UT 85, ¶ 28, 293 P.3d 259. But we vacated the dismissal on one narrow issue: whether the U.S. Supreme Court's new decisions in Lafler v. Cooper, — U.S. —, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012), and Missouri v. Frye, — U.S. —, 132 S.Ct. 1399, 182 L.Ed.2d 379…