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POPE v. TURNER

No. 71-1584.

461 F.2d 644 (1972)

William POPE, Petitioner-Appellee, v. John W. TURNER, Warden, Utah State Prison, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

June 14, 1972.

Attorney(s) appearing for the Case

David R. Irvine, Asst. Atty. Gen., Salt Lake City, Utah (Vernon B. Romney, Atty. Gen., and David S. Young, Chief Asst. Atty. Gen., Salt Lake City, Utah, on the brief), for respondent-appellant.

Donald M. Burkhardt, Denver, Colo., for petitioner-appellee.

Before LEWIS, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.

LEWIS, Chief Judge.

This case reaches us for the second time. In our first consideration of the case, Pope v. Turner, 426 F.2d 783, we remanded Pope's petition for a writ of habeas corpus to the District Court for the District of Utah with directions to that court to conduct an evidentiary hearing to determine whether Pope was unconstitutionally held in state custody by the respondent warden. Based on contentions made by petitioner...

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