context: We recognize that the ninety-day statute of limitations applicable to habeas corpus actions has been declared unconstitutional.
citation_a.signal: see
citation_a.parenthetical: holding that ninety-day statute of limitations on habeas actions is unreasonable limitation that violates article I, section 11 of Utah Constitution
citation_a.sentence: See Currier, 862 P.2d 1357 (holding that ninety-day statute of limitations on habeas actions is unreasonable limitation that violates article I, section 11 of Utah Constitution); see also Renn v. Utah State Bd. of Pardons, 904 P.2d 677, 681 (Utah 1995) (upholding court of appeals’ ruling that petition for habeas corpus was not barred by statute of limitations because section 78-12-31.1 had been declared unconstitutional by Currier). However, neither this court nor the court of appeals has held that any statute of limitations on habeas corpus petitions, no matter how long, would violate the Utah Constitution, nor has Johnson argued that the four-year statute of limitations is unconstitutional. In the absence of such a challenge or of another provision, therefore, we agree with the district court’s finding that the limitation period for habeas corpus actions applicable to this case is four years.
citation_b.signal: see also
citation_b.identifier: 904 P.2d 677, 681
citation_b.parenthetical: upholding court of appeals' ruling that petition for habeas corpus was not barred by statute of limitations because section 78-12-31.1 had been declared unconstitutional by Currier
citation_b.sentence: See Currier, 862 P.2d 1357 (holding that ninety-day statute of limitations on habeas actions is unreasonable limitation that violates article I, section 11 of Utah Constitution); see also Renn v. Utah State Bd. of Pardons, 904 P.2d 677, 681 (Utah 1995) (upholding court of appeals’ ruling that petition for habeas corpus was not barred by statute of limitations because section 78-12-31.1 had been declared unconstitutional by Currier). However, neither this court nor the court of appeals has held that any statute of limitations on habeas corpus petitions, no matter how long, would violate the Utah Constitution, nor has Johnson argued that the four-year statute of limitations is unconstitutional. In the absence of such a challenge or of another provision, therefore, we agree with the district court’s finding that the limitation period for habeas corpus actions applicable to this case is four years.