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ROSE v. SMITH

No. 14013.

540 P.2d 518 (1975)

Rodney ROSE, Plaintiff and Appellant, v. Samuel SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

September 15, 1975.

Attorney(s) appearing for the Case

Lynn R. Brown, of Salt Lake Legal Defenders, Salt Lake City, for plaintiff and appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.

HENRIOD, Chief Justice:

Appeal from the denial of a petition for writ of habeas corpus. Affirmed.

Rose was convicted of a narcotics charge (Title 58-33-6(1), U.C.A. 1953) in April, 1972, which was a felony. He appealed and the conviction was affirmed but thereafter filed a series of three consecutive petitions for writs of habeas corpus in the State Second District Court, the Federal Court and the State Third District Court. In each one he repeated what he...

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