On a Petition for Factual Innocence Statutory Requirements May Be Waived in the Interest of Justice

Miller v. State of Utah, 2010 UT App. 25, (Utah Court of Appeals, February 4, 2010).

Miller was convicted of committing an armed robbery.  He appealed based an ineffective assistance because his counsel failed to procure witnesses to corroborate his alibi.  The trial court found that Miller was not prejudiced and upheld the conviction and returned the case to the Court of Appeals.  Prior to oral argument, the parties stipulated to a summary reversal.  The Prosecutor then dismissed the charges against Miller.

Miller then filed his Petition for a Finding of Factual Innocence.  The State moved for Summary Judgment claiming that Miller had failed to meet the statutory requirements.  The trial court granted Summary Judgment.  Miller Appealed.

The Court of Appeals Reversed and Remanded, finding that there is at least a bona fide issue as to Miller innocence.  UCA § 78B-9-402(6)(b).  The bona fide issue comes from the testimony that Miller suffered a stroke and a nurse checked on him weekly to aid his recovery.  Based on the notes from the nurse, Miller would have had less than 24 hours to get to Utah and commit a physically violent crime on a complete stranger.  The nurse’s notes describe that Miller could only ride in a car driven by another OR able to use a bus or handicap van only with assistance.

Full Decision available at   http://www.utcourts.gov/opinions/appopin/miller921_AMD020410.pdf