Utah Supreme Court
Nunez v. State
July 30, 20262026 UT 25
Summary
The Utah Supreme Court affirmed the district court's dismissal of Oscar Nunez's amended post-conviction petition as untimely. The court held that rule 65C(h)(3) of the Utah Rules of Civil Procedure does not supersede rule 15(c)'s relation-back test, that Patterson v. State did not overrule Noor v. State or make rule 15(c)'s application discretionary, and that the PCRA's one-year time bar is not unconstitutional under the Open Courts Clause on the facts presented. Justice Nielsen authored the opinion for a five-justice court.