PARSONS v. BARNES

No. 920126.

871 P.2d 516 (1994)

Joseph Mitchell PARSONS, Plaintiff and Appellant, v. M. Eldon BARNES, in his capacity as Warden of the Utah State Prison, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied April 18, 1994.


Attorney(s) appearing for the Case

Ronald J. Yengich, Gregory J. Sanders, Kirk Gibbs, Salt Lake City, for plaintiff.

R. Paul Van Dam, Atty. Gen., Kris Leonard, Asst. Atty. Gen., Salt Lake City, for defendant.


HOWE, Justice:

Plaintiff Joseph Mitchell Parsons appeals from the denial of his petition for a writ of habeas corpus.

On August 30, 1987, Parsons was hitchhiking near Barstow, California, when the victim, Richard L. Ernest, offered him a ride to Denver, Colorado. Parsons accepted. At 3:00 the next morning, the two men stopped to sleep at the Lunt Park rest area on Interstate Highway 15 near Cedar City, Utah. Both men were settling into sleep when, according...

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