Noor v. StateAnnotate this Case
The Supreme Court reversed the district court’s decision denying Appellant’s amended petition under the Post-Conviction Remedies Act (PCRA) seeking relief from his convictions, holding that the district court erred in concluding that the claim in Appellant’s amended petition did not satisfy Utah R. Civ. P. 15(c) and so was time barred under the PCRA.
Before the district court ruled on the merits of Appellant’s original petition, the district court appointed pro bono counsel, but only after the one-year statute of limitations period on Appellants’ PCRA petitions had expired. Pro bono counsel then amended Appellant’s petition, with permission from the court, by removing all previous claims from the original petition and replacing them with an ineffective assistance of counsel claim. The district court dismissed the amended petition on the grounds that it was time-barred under the PCRA. The Supreme Court reversed and remanded the case, holding that the district court (1) did not err in concluding that rule 15(c) applies to proposed amendments made to PCRA petitions; but (2) erred in concluding that Appellant’s amended petition did not satisfy rule 15(c).