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FERNANDEZ v. COOK

Nos. 880339, 880353.

783 P.2d 547 (1989)

Anastacio FERNANDEZ, Jr., Plaintiff and Appellant, v. Gerald L. COOK, Warden, Utah State Prison, Department of Corrections, State of Utah, Defendant and Appellee.

Supreme Court of Utah.

November 16, 1989.

Attorney(s) appearing for the Case

Robert M. Archuleta, Salt Lake City, for plaintiff and appellant.

R. Paul Van Dam, Dan R. Larsen, Salt Lake City, for defendant and appellee.

ZIMMERMAN, Justice:

Plaintiff Anastacio Fernandez, Jr., convicted of two counts of rape of a child, appeals from a district court dismissal of his petition for a writ of habeas corpus. In his petition, Fernandez sought a new trial on the ground that he was denied effective assistance of counsel at trial and denied a trial by an impartial jury in violation of several constitutional guarantees. The district court determined that the issues raised in the habeas corpus...

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