MURPHY v. TURNER

No. 565-69.

426 F.2d 422 (1970)

Darwin MURPHY, Petitioner-Appellee, v. John W. TURNER, Warden, Utah State Prison, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

May 8, 1970.


Attorney(s) appearing for the Case

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

H. R. Waldo, Jr., Salt Lake City, Utah, for appellee.

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


HICKEY, Circuit Judge.

This is an appeal brought by the Warden of the Utah State Prison seeking review of the lower court's action in granting appellee Murphy's application for writ of habeas corpus.

The basic issue presented by this appeal is whether a person on remandatory release is entitled to the traditional rules of due process at the post-revocation proceeding required by state statute.

Murphy was serving a term for forgery in the Utah State...

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