DIEP v. STATE


748 A.2d 974 (2000)

2000 ME 53

Kim DIEP v. STATE of Maine.

Supreme Judicial Court of Maine.

Decided March 29, 2000.


Attorney(s) appearing for the Case

Stuart Tisdale, Tisdale & Davis, P.A., Portland, for petitioner.

Stephanie Anderson, District Atty, Julia A. Sheridan, Asst. Dist. Atty., Portland, for State.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.


WATHEN, C.J.

[¶ 1] Kim Diep appeals from the summary dismissal by the Superior Court (Cumberland County, Studstrup, J.) of his petition for post-conviction review. On appeal, Diep argues that the court erroneously interpreted a statute of limitations section of the post-conviction review statute as a limitation on the subject matter jurisdiction of the court. The State agrees that the Superior Court erred. We vacate the judgment.

[¶ 2] The...

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