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MILLER v. STATE

No. 20080921-CA.

226 P.3d 743 (2010)

2010 UT App 25

Harry MILLER, Petitioner and Appellant, v. STATE of Utah, Respondent and Appellee. Rocky Mountain Innocence Center, Amicus Curiae.

Court of Appeals of Utah.

February 4, 2010.

Attorney(s) appearing for the Case

W. Andrew McCullough, Midvale, for Appellant.

Mark L. Shurtleff, Atty. Gen., Scott W. Reed, and Erin Riley, Asst. Attys. Gen., Salt Lake City, for Appellee.

Troy L. Booher and Jensie L. Anderson, Salt Lake City, for Amicus Curiae Rocky Mountain Innocence Center.

Before Judges DAVIS, BENCH, and GREENWOOD.

AMENDED OPINION2

GREENWOOD, Senior Judge:

¶ 1 Petitioner Harry Miller appeals the trial court's grant of the State's motion to dismiss his petition for failure to state a claim. See Utah R. Civ. P. 12(b)(6). More specifically, Miller argues that the trial court erred as a matter of law in determining that he had not made a showing sufficient to warrant a hearing regarding...

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