JACKSON v. TURNER

No. 476-70.

442 F.2d 1303 (1971)

Larry Warren JACKSON and Santa A. Liberatore, Petitioners, Appellants, v. John W. TURNER, Warden Utah State Prison, Respondent, Appellee.

United States Court of Appeals, Tenth Circuit.

May 27, 1971.


Attorney(s) appearing for the Case

James Gilbert, Arvada, Colo., for petitioners-appellants.

Lauren N. Beasley, Salt Lake City, for respondent-appellee.

Before HILL, SETH, and COFFIN Circuit Judges.


COFFIN, Circuit Judge.

From the outset, this case has been characterized by confusion among counsel and the various courts, which have heard this litigation, over whether the initial proceeding is to be treated as an appeal or a motion for a writ of habeas corpus. Petitioners are presently serving sentences for robbery in the Utah State Prison. They were sentenced, after trial, on September 15, 1969. At trial, appointed counsel, Luke G. Pappas, represented them. On...

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