State v. Shannon

Appellant was convicted of two counts of attempted robbery and was sentenced to concurrent terms of fifteen to twenty-five years in prison. Appellant later filed a petition for postconviction relief. Along with his petition, Appellant filed a motion for leave to file the petition out of time, alleging that he was unable to file his petition for postconviction relief within the applicable one-year limitation period because the prison where he was being housed was locked down for a period of time, and he was not allowed access to the prison law library for five weeks. The district court dismissed Appellant’s petition as untimely, finding that the lockdown did not prevent Appellant from filing his petition within the one-year limitation period. The Supreme Court affirmed, holding that any impediment created by the lockdown did not, as a matter of law, prevent Appellant from filing his postconviction action. View "State v. Shannon" on Justia Law