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LAFFERTY v. COOK

No. 90-4010.

949 F.2d 1546 (1991)

Ronald Watson LAFFERTY, Petitioner-Appellant, v. Gerald COOK, Warden of the Utah State Prison, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 3, 1992.

Attorney(s) appearing for the Case

Michael D. Esplin (Gary H. Weight with him on the briefs) of Aldrich, Nelson, Weight & Esplin, Provo, Utah, for petitioner-appellant.

Sandra L. Sjogren, Asst. Atty. Gen. (R. Paul Van Dam, Atty. Gen., with her on the briefs), Salt Lake City, Utah, for respondent-appellee.

Before SEYMOUR, BRORBY and EBEL, Circuit Judges.

SEYMOUR, Circuit Judge.

Ronald Watson Lafferty was convicted in Utah state court of two capital felonies and sentenced to death. After his convictions and sentences were affirmed on direct appeal, see State v. Lafferty, 749 P.2d 1239 (Utah 1988), Lafferty filed a petition for habeas corpus relief in federal district court under 28 U.S.C. § 2254 (1988). During the federal proceedings, it was discovered that several transcripts...

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