Adams v. State

DURHAM, Chief Justice:

¶ 1 Nealy W. Adams appeals the district court’s dismissal of his petition for postcon-viction relief as untimely under Utah Code section 78-35a-107(l). We reverse and remand.

BACKGROUND

¶ 2 Adams was charged with one count of rape and one count of forcible sexual abuse, based on his alleged rape of his girlfriend’s adult daughter, who had Down Syndrome. At trial, the former girlfriend testified that Adams had been drinking regularly and excessively during the period when the alleged crime occurred. She described one night when she discovered Adams, drunk and with no…