Prion v. State

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2007 UT 80
This opinion is subject to revision before final
publication in the Pacific Reporter.
IN THE SUPREME COURT OF THE STATE OF UTAH
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Lemuel Prion, 	No. 20070570
Plaintiff and Petitioner,
v.
F I L E D
State of Utah,
Defendant and Respondent. 	October 16, 2007
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Eighth District, Vernal Dep’t
The Honorable John R. Anderson
No. 070800083
Attorneys: 	Lemuel Prion, pro se petitioner
On Certiorari to the Utah Court of Appeals
PER CURIAM:
This matter is before the court upon a Petition for a
Writ of Certiorari filed on June 22, 2007.
IT IS HEREBY ORDERED, pursuant to rule 45 of the Utah
Rules of Appellate Procedure, the Petition for a Writ of
Certiorari is granted, and the court of appeals’ affirmance of
the district court’s judgment is summarily reversed.
Specifically, while the district court performed an
assessment of the accrual of petitioner’s cause of action for
purposes of the Post-Conviction Remedies Act’s (PCRA) statute of
limitations, Utah Code Ann. §§ 78-35a-107(1), (2), it appears
neither the court of appeals nor the district court separately
addressed the interests-of-justice exception to that limitations
period, section 78-35a-107(3). 	See also Adams v. State, 2005 UT
62, 123 P.3d 400, and authority cited therein. 	Also, neither
court expressly determined that the petition was frivolous on its
face or that it was procedurally barred by any other distinct
provision of the PCRA. 	Accordingly, this matter should be
remanded to address the interests-of-justice exception, as well

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as any other provisions of the PCRA that have not been considered
but may be relevant to its adjudication.
No. 	20070570 	2