Utah Court of Appeals
Can defendants file unlimited postconviction petitions in Utah courts? Tillman v. State Explained
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.
Practice Areas & Topics
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.
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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