Legal Opinion

Winward v. State

Utah Supreme Court

Decided December 7, 2012No. 20101005PublishedCited by 54 opinions

1Opinion of the Court

Justice PARRISH,

opinion of the Court:

INTRODUCTION

11 Petitioner Shannon Glenn Winward appeals the dismissal of his first petition for post-conviction relief. The district court dismissed Mr. Winward's petition as procedurally barred under the Post-Conviction Remedies Act's (PCRA's) one-year statute of limitations because he filed his petition more than ten years after the required date. Mr. Winward argues that applying the one-year statute of limitations to his petition violates the Utah Constitution under the "egregious injustice" exception that this court announced in Gardner v. State, 2010…

2Cases cited18 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Lockhart v. FretwellSupreme Court of the United States · 1993
  3. Lafler v. CooperSupreme Court of the United States · 2012
  4. Missouri v. FryeSupreme Court of the United States · 2012
  5. State v. HolgateUtah Supreme Court · 2000

13 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. State v. HoustonUtah Supreme Court · 2015
  2. Brady v. ParkUtah Supreme Court · 2019
  3. ASC Utah, Inc. v. Wolf Mountain Resorts, L.C.Utah Supreme Court · 2013
  4. State v. GriffinUtah Supreme Court · 2016
  5. State v. BerrielUtah Supreme Court · 2013

49 more not listed; retrieve them via the Exa API.

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