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REES v. TURNER

No. 12391.

491 P.2d 1093 (1971)

26 Utah 2d 441

Richard J. REES, Plaintiff and Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

December 3, 1971.

Attorney(s) appearing for the Case

Richard F. Gordon, of Kesler & Gordon, Salt Lake City, for plaintiff and appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.

CALLISTER, Chief Justice:

Plaintiff, Rees, appeals from an order of the district court denying his petition for a writ of habeas corpus. This present proceeding is the second time1 that plaintiff has appealed from a hearing denying him this extraordinary writ. The second hearing presented issues not previously raised; we have considered them and found them without merit. Since plaintiff could have tendered these issues upon which he now...

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