BUTTERFIELD v. COOK

No. 910130-CA.

817 P.2d 333 (1991)

Dale BUTTERFIELD, Petitioner and Appellant, v. Gerald L. COOK, Warden, and his successors, Utah State Prison, Respondent and Appellee.

Court of Appeals of Utah.

Certiorari Denied November 12, 1991.


Attorney(s) appearing for the Case

Jimi Mitsunaga (argued) and Walker E. Anderson, Salt Lake City, for petitioner-appellant.

R. Paul Van Dam, State Atty. Gen. and Kirk Torgensen, Asst. Atty. Gen., Governmental Affairs, Salt Lake City, for respondent-appellee.

Before BILLINGS, ORME and RUSSON, JJ.


OPINION

BILLINGS, Associate Presiding Judge:

Petitioner Butterfield appeals from the trial court's denial of his writ of habeas corpus. Petitioner was convicted of first degree rape, and on direct appeal the Utah Supreme Court affirmed his conviction. Petitioner filed a writ of habeas corpus in the third district court claiming he was denied effective assistance of counsel on his direct appeal. The district judge, after

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