District Court, Provo Department The Honorable Christine S.
Johnson No. 150400036
Michael Neese, Appellant Pro Se
D. Reyes and Mark C. Field, Attorneys for Appellee
Judges Michele M. Christiansen, Kate A. Toomey, and Ryan M.
Michael Neese appeals the district court's order granting
the State's motion for summary judgment and dismissing
his petition for post-conviction relief.
Appellate courts review a district court's order granting
summary judgment for correctness, granting no deference to
the district court. See Menzies v. State, 2014 UT
40, ¶ 30, 344 P.3d 581. "We affirm a grant of
summary judgment when the record shows that there is no
genuine issue as to any material fact and that the moving
party is entitled to a judgment as a matter of law."
Id. (citation and internal quotation marks omitted).
Utah Code section 78B-9-107(1) states that "[a]
petitioner is entitled to relief only if the petition is
filed within one year after the cause of action has
accrued." Utah Code Ann. § 78B-9-107(1) (LexisNexis
2012). The statute goes on to set forth the dates upon which
the cause of action accrues:
(a) the last day for filing an appeal from the entry of the
final judgment of conviction, if no appeal is taken;
(b) the entry of the decision of the appellate court which
has jurisdiction over the case, if an appeal is taken;
(c) the last day for filing a petition for writ of certiorari
in the Utah Supreme Court or the United States Supreme Court,
if no petition for writ of certiorari is filed;
(d) the entry of the denial of the petition for writ of
certiorari or the entry of the decision on the petition for
certiorari review, if a petition for writ of certiorari is
(e) the date on which petitioner knew or should have known,
in the exercise of reasonable diligence, of evidentiary facts