Lafferty v. State

In Lafferty v. State, 2007 UT 73, 175 P.3d 530, claims that could have been brought on direct appeal, but were not, were categorized by the petitioner as claims for ineffective assistance of counsel for the first time in a memorandum opposing summary judgment on the petition. Id. P 46. The Court held that reconfiguring the claims as ineffective assistance of counsel claims for the first time in a memorandum opposing summary judgment was an "impermissible attempt to raise claims not raised" in the petition for post-conviction relief. Id. A petitioner must set out all of his claims relating to the legality of his conviction or sentence in his petition for post-conviction relief and may not bring additional claims in later proceedings. Lafferty, 2007 UT 73, 175 P.3d 530. Rule 65C does contain a good cause exception, which allows us to consider claims "that were not raised in a post-conviction petition when adherence to a procedural rule would come at the price of basic fairness." Id.