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Appellate panel hears dispute over alleged breach of plea agreement and timeliness in Wertman post-conviction appeal
Summary
At oral argument, petitioner’s counsel argued the State breached a plea agreement by working to prevent parole consideration and urged due-process tolling; the State urged dismissal as untimely and said plea terms did not guarantee parole. The court took the matter under advisement.
Louis Jenkins, attorney for petitioner, told an appellate panel he represents Mr. Wertman in a post-conviction appeal centered on whether the State breached a plea agreement and whether the petition was filed on time. “The trial court said, as to the timing issue, I think the State agreed at the hearing that they weren’t going to pursue that,” Jenkins told the panel, pointing to the hearing transcript and briefing.
Benjamin Barker, arguing for the State, countered that the petition is untimely and that petitioner did not establish due-process tolling. “This court should dismiss this post-conviction petition because it was untimely and petitioner did not establish that due process tolling was warranted,” Barker said, adding he could find nothing in…
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