WINTERS v. TURNER

No. 236-69.

427 F.2d 1142 (1970)

Herschel LeRoy WINTERS, Plaintiff-Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 15, 1970.


Attorney(s) appearing for the Case

Robert L. Eckelberry, Littleton, Colo., for plaintiff-appellant.

Lauren N. Beasley, Chief Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., State of Utah, on the brief), for defendant-appellee.

Before PHILLIPS, BREITENSTEIN and HILL, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Petitioner-appellant seeks habeas corpus relief which the district court denied without a hearing.

Petitioner received a 1960 Utah sentence of 1 to 20 years for burglary. He was released from prison in 1963 under an order of the Utah Board of Pardons entitled "Conditional Termination of Sentence." That order apparently provided that he should immediately depart from Utah and that if he returned the conditional termination would...

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