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POE v. TURNER

No. 73-1163.

490 F.2d 329 (1974)

Roy Lee POE, Petitioner-Appellant, v. John W. TURNER, Warden, Utah State Prison, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

January 23, 1974.

Attorney(s) appearing for the Case

Mary Lou Godbe, Salt Lake City, Utah, for petitioner-appellant.

M. Reid Russell, Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., and David L. Wilkinson, Chief Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Roy Lee Poe was convicted in a Utah state court of murder in the first degree and sentenced to life imprisonment. On appeal his conviction was affirmed by the Utah Supreme Court. State v. Poe, 24 Utah.2d 355, 471 P.2d 870 (1970). Thereafter, pursuant to the provisions of 28 U.S.C. § 2254, Poe filed in the United States District Court for the District of Utah,...

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