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DUENNEBEIL v. TURNER

No. 559-69.

425 F.2d 1207 (1970)

Brent Kurt DUENNEBEIL, Petitioner, Appellee, v. John W. TURNER, Warden, Utah State Prison, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

April 28, 1970.

Attorney(s) appearing for the Case

David S. Young, Salt Lake City, Utah (Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Chief Asst. Atty. Gen., Salt Lake City, Utah, on the brief), for appellant.

H. T. Benson, Salt Lake City, Utah (Robert D. Merrill, Salt Lake City, Utah, on the brief), for appellee.

Before PICKETT, Senior Circuit Judge, and LEWIS and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

This appeal by Turner, the Warden of the Utah State Penitentiary, is from a writ of habeas corpus granted Duennebeil, a prisoner who had been on remandatory release from the prison.

The issue presented in this case is directed to the lawfulness of a post-revocation hearing in which the parolee admits a parole violation but is not afforded appointed counsel.

This case differs from Alverez v. Turner, 422 F.2d 214...

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