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GURULE v. TURNER

No. 71-1583.

461 F.2d 1083 (1972)

Thomas Ray GURULE, Appellee, v. John W. TURNER, Warden, Utah State Prison, Appellant.

United States Court of Appeals, Tenth Circuit.

June 22, 1972.

Attorney(s) appearing for the Case

David S. Young, Chief Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., on the brief), for appellant.

David M. Bryans, Denver, Colo., for appellee.

Before BREITENSTEIN, SETH and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

Thomas Ray Gurule, a state prisoner, filed a petition for a writ of habeas corpus in the United States District Court for the District of Utah. At the hearing on the petition the judge read the transcript of the petitioner's arraignment and sentencing in the state court; but without hearing any witnesses and without receiving any other evidence, he held petitioner's guilty plea in the state court to be invalid, and ordered petitioner to be released...

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