Roque v. State

The Supreme Judicial Court affirmed the judgment of the superior court dismissing Defendant's petition for post-conviction review as untimely filed, holding that, contrary to Defendant's contention on appeal, the court was not precluded from summarily dismissing the petition based on the statutory filing deadline.Defendant pleaded guilty to aggravated trafficking in scheduled drugs and illegal importation of scheduled drugs. Defendant filed a petition for postconviction review seeking to collaterally attack his conviction on the basis of ineffective assistance of counsel. The trial counsel dismissed the petition as untimely filed. On appeal, Defendant argued that the court erred in determining that there is no duty imposed on trial counsel or the sentencing court to inform Defendant about the deadlines for filing a post-conviction review petition. The Supreme Judicial Court disagreed, holding (1) this Court declines Defendant's invitation to impose a new obligation on sentencing courts to inform defendants about the filing deadline set out in Me. Rev. Stat. 15, 2128-B; (2) trial counsel's failure to inform Defendant of the filing deadline for post-conviction review petitions did not constitute ineffective assistance of counsel or preclude enforcement of the filing deadline. View "Roque v. State" on Justia Law