ARBUCKLE v. TURNER

Nos. C 18, 91 and 312-69.

306 F.Supp. 825 (1969)

Harold Wayne ARBUCKLE, Petitioner, v. John W. TURNER, Warden, Utah State Prison, Respondent. Wayne Sterling PEARSON, Petitioner, v. John W. TURNER, Warden, Utah State Prison, Respondent. Frank GUNNUSCIO, Petitioner, v. John W. TURNER, Warden, Utah State Prison, Respondent.

United States District Court D. Utah, C. D.

November 25, 1969.


Attorney(s) appearing for the Case

Peter W. Billings, Robert O. Baldwin, and Robert L. Backman, Salt Lake City, Utah, for petitioners.

Vernon B. Romney, Atty. Gen., State of Utah. for respondent.


MEMORANDUM DECISION

CHRISTENSEN, District Judge.

Petitioners are confined in the Utah State Prison and seek habeas corpus relief under 28 U.S.C.A. § 2254 (Supp. Pam.1967). State remedies have been exhausted.

These cases present the question of the extent to which Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L. Ed.2d 274 (1969) is retrospective in effect.

The necessity that a defendant's guilty plea...

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