MARTINEZ v. TURNER

No. 582-70.

461 F.2d 261 (1972)

Anthony David MARTINEZ, Appellee, v. John W. TURNER, Warden, Utah State Prison, Appellant.

United States Court of Appeals, Tenth Circuit.

June 8, 1972.


Attorney(s) appearing for the Case

A. Daniel Rooney, Aurora, Colo., for appellee.

Lauren N. Beasley, Chief Asst. Atty. Gen. of Utah (Vernon B. Romney, Atty. Gen. of Utah, on brief), for appellant.

Before PHILLIPS, HILL and HOLLOWAY, Circuit Judges.


HOLLOWAY, Circuit Judge.

This appeal is taken from a judgment granting appellee Martinez a writ of habeas corpus. The trial court held a Utah robbery conviction null and void and ordered Martinez released. The judgment rested on conclusions that introduction in evidence of identification of Martinez at an improper line-up and introduction of a coat unlawfully seized violated appellee's Federal constitutional rights under...

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