GREEN v. TURNER

No. 514-70.

443 F.2d 832 (1971)

Forrest Cummings GREEN, Plaintiff-Appellee, v. John W. TURNER, Warden, Utah State Prison, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 7, 1971.


Attorney(s) appearing for the Case

Peter J. Wall, Denver, Colo. (John W. Horsley, Moyle & Moyle, Salt Lake City, Utah, on the brief), for plaintiff-appellee.

B. S. Young (Vernon B. Romney, Atty. Gen., and Lauren N. Beasley, Chief Asst. Atty. Gen., on the brief), for defendant-appellant.

Before SETH, McWILLIAMS, and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

Forrest Cummings Green, a state prisoner, brought a habeas corpus proceeding in the United States District Court for the District of Utah, Central Division, seeking his discharge from the custody of John W. Turner, the Warden of the Utah State Prison, to which institution he (Green) had been sentenced upon his plea of guilty to a state charge of assault with a deadly weapon.

At the habeas corpus hearing the only matter of an evidentiary...

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