Winward v. State
2012 UT 85
Utah2012Background
- Winward was charged in 1993 with four counts of sodomy on a child (first-degree felonies) and one count of sexual abuse of a child (second-degree felony).
- After a hung jury at the first trial, he was retried and convicted on all counts; direct appeal to Utah Court of Appeals affirmed in 1997 and certiorari was denied in 1997.
- In April 2009, with new counsel, Winward filed a petition for post-conviction relief (PCRA); district court dismissed as untimely under the PCRA’s one-year limit.
- The Utah Court of Appeals reversed, holding the district court must provide notice and an opportunity to be heard before sua sponte dismissal based on time bar.
- On remand, the State moved for summary judgment based on the PCRA time bar; Winward argued Gardner’s “egregious injustice” exception applied; the district court granted summary judgment; the court now clarifies which exceptions apply and purports a potential newly recognized claim under Lafler v. Cooper.
- The court remands only Winward’s claim of ineffective assistance of counsel during plea bargaining for potential relief under Lafler, with the rest of the PCRA claims affirmed as time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Winward preserved habeas/common-law exceptions to PCRA time bar | Winward relied on habeas and common-law exceptions | State argues unpreserved should not be reached | Preservation failed; not addressed on the merits |
| Whether the egregious injustice threshold applies to Winward | Gardner language creates an exception to the PCRA time bar | No applicable exception; threshold not met in this case | No egregious injustice exception applies; claims dismissed under time bar |
| Whether new Supreme Court rules (Lafler) permit a newly acquired claim with a one-year limit | Lafler overrules Greuber; may extend the time for plea-related ineffectiveness | Not addressed as preserved; threshold unmet | Winward may have a newly acquired claim; remanded for proceedings under Lafler §78B-9-104(1)(f) to determine eligibility |
| Whether Winward’s six PCRA claims merit relief under the one-year time bar | Claims include multiple ineffective assistance theories | No meritorious basis; time-bar and no prejudice established | Dismissed for lack of meritorious showing and untimeliness |
Key Cases Cited
- Gardner v. State, 2010 UT 46 (Utah Supreme Court 2010) (addressed whether an egregious injustice exception exists to PCRA time bar)
- Adams v. State, 2005 UT 62 (Utah Supreme Court 2005) (threshold framework for exceptions to PCRA time bar)
- Grewber v. State, 2007 UT 50 (Utah Supreme Court 2007) (defined plea-bargaining ineffective assistance context before Lafler)
- Lafler v. Cooper, 132 S. Ct. 1376 (U.S. 2012) (Sixth Amendment right to counsel at plea negotiations; precedent overruling Greuber)
- Missouri v. Frye, 132 S. Ct. 1399 (U.S. 2012) (right to effective assistance at plea offers)