JOHNSON v. TURNER

Nos. 12776, 12829, 12859.

498 P.2d 654 (1972)

28 Utah 2d 84

Douglas JOHNSON, Plaintiff and Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant and Respondent. Terry ADAMS, Plaintiff and Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant and Respondent. Harold F. HEEMER, Plaintiff and Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

June 22, 1972.


Attorney(s) appearing for the Case

David P. Rhode, Salt Lake City, for plaintiffs-appellants.

Vernon B. Romney, Atty. Gen., David S. Young, Larry V. Lunt, David R. Irvine, Asst. Attys. Gen., Salt Lake City, for defendant-respondent.


ELLETT, Justice.

These three cases have been consolidated for argument on appeal. Each appellant appeals from a refusal of the trial court to hold an evidentiary hearing on petitions for writs of habeas corpus. In each case the appellant undertook to raise the identical issues in the habeas corpus proceeding that he had theretofore raised in his appeal to this court.

Counsel for the appellants admits that the case of Scandrett v. Turner1...

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