Honie v. State
Annotate this CasePetitioner was convicted of aggravated murder and sentenced to death. The Supreme Court affirmed the conviction and sentence. Petitioner subsequently filed a petition for postconviction relief, alleging that his counsel provided ineffective assistance at trial. The postconviction court granted summary judgment in favor of the State. Petitioner filed a notice of appeal in his postconviction proceedings and then filed a Utah R. Civ. P. 60(b) motion to set aside the postconviction court’s final judgment. The postconviction court denied the motion. The Supreme Court consolidated the appeals and affirmed the postconviction court’s grant of summary judgment and denial of Rule 60(b) relief, holding (1) Petitioner failed to raise a genuine issue of material fact for each of his ineffective assistance of counsel claims; and (2) the postconviction court did not abuse its discretion when it denied Petitioner’s motion for relief from judgment pursuant to Rule 60(b).
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