Hurst v. Cook

In Hurst v. Cook, 777 P.2d 1029, 1036-37 (Utah 1989), the Court articulated five factors that constitute sufficient "good cause" to allow the filing of successive post-conviction petitions. Id. at 1037. Those factors are: (1) the denial of a constitutional right pursuant to new law that is, or might be, retroactive; (2) new facts not previously known which would show the denial of a constitutional right or might change the outcome of the trial; (3) the existence of fundamental unfairness in a conviction; (4) the illegality of a sentence; or; (5) a claim overlooked in good faith with no intent to delay or abuse the writ. Id.