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NORTHERN v. BARNES

No. 900566-CA.

814 P.2d 1148 (1991)

Kendall Q. NORTHERN, Plaintiff and Appellant, v. N. Eldon BARNES, Warden, Utah State Prison and the Department of Corrections through the Board of Pardons, Defendants and Appellees.

Court of Appeals of Utah.

As Amended July 3, 1991.

Attorney(s) appearing for the Case

Jo Carol Nesset-Sale, Salt Lake City, for plaintiff and appellant.

R. Paul Van Dam, State Atty. Gen., Kirk M. Torgensen, C. Dane Nolan, Asst. Utah Atty. Gen., Murray, for defendants and appellees.

Before GARFF, BENCH and BILLINGS, JJ. (Law and Motion).

OPINION

PER CURIAM:

This matter is before the court on appellee's motion to transfer the case to the Utah Supreme Court. The basis for the motion to transfer is appellees' interpretation of Utah Code Ann. § 78-2a-3(2)(g) (1990 Supp.) to require an appeal from the denial of a petition for writ of habeas corpus involving a conviction of a first degree felony to be pursued in the Utah Supreme Court. Appellant, while asserting that jurisdiction is proper...

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