Howell v. Franke

Petitioner appeals a judgment dismissing his petition for post-conviction relief. The state concedes that the post-conviction court erred and that the judgment should be reversed. We agree that the post-conviction court erred and, accordingly, reverse.

Petitioner filed a petition for post-conviction relief and, on the same day, a motion to appoint counsel. The court did not rule on petitioner’s motion to appoint counsel. Instead, two days after the petition was filed, the court dismissed the petition as “[ffiled outside the statute of limitations.” As the state concedes, when a petitioner for…