Currier v. Holden

OPINION

GREENWOOD, Judge:

Petitioners Stephen Currier and Carl McClellan seek to have this court reverse the respective dismissals of their petitions for writs of habeas corpus on the ground that the statute of limitations barring these petitions is unconstitutional.2 We conclude that the limitation period in Utah Code Ann. § 78-12-31.1 (1992) is an unreasonable limitation on the constitutional right to petition for a habeas corpus writ that violates petitioners’ rights under Article I, section 11 of the Utah Constitution to seek a civil remedy in state courts. We, therefore, reverse both…