Utah Court of Appeals

Can defendants file unlimited postconviction petitions in Utah courts? Tillman v. State Explained

2012 UT App 289
No. 20100994-CA
October 12, 2012
Affirmed

Summary

ElRoy Tillman appealed from denial of his fourth petition for postconviction relief from his 1983 capital murder conviction, which had been reduced to life after his death sentence was vacated. The district court summarily dismissed all eight claims as time-barred or procedurally barred.

Analysis

In Tillman v. State, the Utah Court of Appeals addressed the procedural and temporal limits on postconviction relief petitions, demonstrating how the Post Conviction Remedies Act prevents abuse of the postconviction process through successive filings.

Background and Facts

ElRoy Tillman was convicted of capital murder in 1983 for killing Mark Schoenfeld during a burglary and arson. After his death sentence was vacated due to the State’s failure to disclose evidence, Tillman was resentenced to life imprisonment. Tillman filed his fourth petition for postconviction relief in 2009, raising eight challenges to his conviction, including claims about defective charging documents, Brady violations, and ineffective assistance of counsel.

Key Legal Issues

The central issue was whether Tillman’s claims were barred by the Post Conviction Remedies Act’s statute of limitations and procedural bar provisions. Tillman argued that defects in the amended information deprived the court of jurisdiction and that newly discovered evidence supported his claims. The court also considered whether summary dismissal without an evidentiary hearing was appropriate.

Court’s Analysis and Holding

The court systematically rejected each claim. Tillman’s notice claim was time-barred because it accrued years earlier and procedurally barred because similar issues were raised in prior proceedings. His Brady claim failed because he had one year from discovering the transcripts in 2001 to file, making his 2009 petition untimely. The ineffective assistance claim was also time-barred as he knew of counsel’s alleged deficiencies by 2005. The court affirmed summary dismissal without an evidentiary hearing.

Practice Implications

This decision reinforces strict enforcement of the PCRA’s procedural requirements. Practitioners must carefully evaluate whether claims were or could have been raised in prior proceedings. The one-year statute of limitations runs from when the petitioner knew or should have known of the factual basis for claims. Courts will summarily dismiss petitions containing only time-barred or procedurally barred claims without holding evidentiary hearings.

Original Opinion

Link to Original Case

Case Details

Case Name

Tillman v. State

Citation

2012 UT App 289

Court

Utah Court of Appeals

Case Number

No. 20100994-CA

Date Decided

October 12, 2012

Outcome

Affirmed

Holding

All claims in petitioner’s fourth postconviction petition were time-barred or procedurally barred under the Post Conviction Remedies Act.

Standard of Review

Correctness for conclusions of law; abuse of discretion for appointment of counsel decisions

Practice Tip

When filing multiple postconviction petitions, ensure new claims could not have been raised in prior proceedings or on direct appeal, as the PCRA bars claims that were or could have been previously raised.

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