Tillman v. State
2012 UT App 289
Utah Ct. App.2012Background
- Tillman was convicted of capital murder in 1983 for the May 26, 1982 killing of Mark Schoenfeld and was sentenced to death.
- The information was amended at a preliminary hearing to add arson or aggravated arson as aggravating factors; the amendments did not list the elements of those offenses.
- The Utah Supreme Court affirmed the conviction and death sentence in 1987; later postconviction proceedings occurred in 1993, 1995, 2001, and 2005 with various outcomes.
- In 2009 Tillman sought a fourth state postconviction petition, alleging multiple claims, which the district court dismissed as time- and/or procedurally barred.
- Tillman appeals, arguing, among other things, that notice defects, Brady material suppression, ineffective assistance, and denial of counsel and an evidentiary hearing require relief.
- The appellate courtAffirmed the district court, concluding all claims were time-barred or procedurally barred and that counsel appointment was not required since the petition was summarily dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Notice defect in amended information | Tillman contends amended info failed to list elements of aggravators. | State argues notice issue/time-barred and lacked jurisdictional flaw. | Claim time barred and procedurally barred; no relief. |
| Brady evidence suppression | Transcripts of Accomplice interviews suppressed; would affect guilt/punishment. | Timeliness and procedural bar; transcripts known later; no prejudice shown. | Brady claim time barred and procedurally barred. |
| Ineffective assistance of counsel | Counsel failed to object to amendment and demand a new trial. | Issue already resolved; no prejudice from counsel's performance. | Untimely and procedurally barred; no relief. |
| Evidentiary hearing on fourth petition | Evidentiary hearing warranted to resolve claims. | Rules permit summary dismissal for time/procedural bar; no hearing needed. | District court did not err; no hearing required. |
| Court-appointed counsel | Right to counsel in postconviction relief when death sentence has been imposed. | No right to counsel where petition is summarily dismissed and not a death sentence case for all claims. | No appointment required; discretionary under statutes. |
Key Cases Cited
- Tillman v. Cook, 855 P.2d 211 (Utah 1993) (notice and prejudice standards for amended information; no prejudicial error)
- Tillman v. Cook (Tillman III), 2005 UT 56 (Utah) (postconviction relief; discovery of transcripts; death sentence vacated then remanded)
- Tillman v. Cook (Tillman II), ?? (Utah 1993) (appeal from first postconviction relief; arson/aggravating factors upheld)
- Pace v. DiGuglielmo, 544 U.S. 408 (2005) (limitations for postconviction/habeas petitions; accrual after enactment)
- State v. Hall, 671 P.2d 201 (Utah 1983) (challenge to defective information must be raised before trial)
- People v. Hill, 3 P. 75 (Utah 1884) (sufficiency and certainty of charges; notice to defendant)
- State v. Topham, 123 P.2d 888 (Utah 1912) (information must state charge with certainty)
- Schwenke v. State, 269 P.3d 1004 (Utah Ct. App. 2012) (postconviction counsel and procedural rules in Utah)
- Hutchings v. State, 84 P.3d 1150 (Utah 2003) (counsel appointment discretion in postconviction relief)