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HEARN v. STATE

No. 16940.

621 P.2d 707 (1980)

James Willard HEARN, Plaintiff and Appellant, v. STATE of Utah, State Attorney General, Defendant and Respondent.

Supreme Court of Utah.

December 3, 1980.

Attorney(s) appearing for the Case

Clinton S. Judkins, Tremonton, for plaintiff and appellant.

Robert B. Hansen, Atty. Gen., Craig L. Barlow, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.

CROCKETT, Chief Justice:

James Willard Hearn filed a petition for a writ of habeas corpus in the First District Court. The important fact to be noted is that the court adopted the position asserted by the state: that because the petitioner was not presently imprisoned in the State of Utah, the court had no jurisdiction and dismissed the petition specifically on that ground.

Petitioner appeals, urging that he has a right to a determination as to the validity...

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