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CURRIER v. HOLDEN

Nos. 920467-CA, 930123-CA.

862 P.2d 1357 (1993)

Stephen CURRIER, Petitioner and Appellant, v. Tamara HOLDEN, Warden, Respondent and Appellee. Carl McCLELLAN, Plaintiff and Appellant, v. Tamara HOLDEN, Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied November 5, 1993.

Attorney(s) appearing for the Case

Kathryn Kendall, Ogden, and Stephen Currier, Draper, for appellant in No. 920467-CA.

Steven J. Aeschbacher, Salt Lake City, for appellant in No. 930123-CA.

Jan Graham and Martin B. Bushman, Salt Lake City, for appellee.

Before GARFF, GREENWOOD and ORME, JJ.

OPINION

GREENWOOD, Judge:

Petitioners Stephen Currier and Carl McClellan seek to have this court reverse the respective dismissals of their petitions for writs of habeas corpus on the ground that the statute of limitations barring these petitions is unconstitutional.2 We conclude that the limitation period in Utah Code Ann. § 78-12-31.1 (1992) is an unreasonable limitation on the constitutional right to petition for a habeas...

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