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DUNN v. COOK

No. 880067.

791 P.2d 873 (1990)

Robert DUNN, Plaintiff and Appellant, v. Gerald L. COOK, Warden, Utah State Prison, State of Utah, Defendant and Appellee.

Supreme Court of Utah.

April 2, 1990.

Attorney(s) appearing for the Case

David B. Watkiss, Debra J. Moore, and Carolyn Cox, Salt Lake City, for plaintiff and appellant.

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

STEWART, Justice:

Robert Dunn's petition for a writ of habeas corpus was dismissed without a hearing on the ground that all the issues raised were waived because they could or should have been raised on Dunn's prior direct appeal. We reverse and remand to the trial court for a hearing.

A jury convicted Dunn of second degree murder and aggravated kidnapping.1 He was represented at trial by a court-appointed attorney. After the conviction...

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