10/12/95 David Renn V. Utah State Board Pardons

This case is here on a writ of certiorari to review the decision of the Utah Court of  Appeals in Renn v. Utah State Board of Pardons, 862 P.2d 1378 (Utah Ct. App. 1993). The petitioner, the Utah State Board of Pardons (the "Board"), argues that the Court of Appeals erred in ruling that David Renn's petition for a writ of habeas corpus was not barred by the ninety-day statute of limitations for filing petitions for writs of habeas corpus in Utah Code Ann. § 78-12-31.1. The Court of Appeals had earlier held § 78-12-31.1 unconstitutional in Currier v. Holden, 862 P.2d 1357 (Utah Ct. App. 1993), cert. denied sub nom. McClellan v. Holden, 870 P.2d 957 (Utah 1994). The Court of Appeals reversed the district court's dismissal of Renn's petition for a writ of habeas corpus on the ground that the writ was barred by the statute of limitations and remanded for a hearing on the merits.