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TILLMAN v. COOK

No. 890322.

855 P.2d 211 (1993)

ElRoy TILLMAN, Plaintiff and Appellant, v. Gerald R. COOK, Warden, Utah State Prison, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied June 25, 1993.

Attorney(s) appearing for the Case

R. Paul Van Dam, Atty. Gen., Sandra L. Sjogren, Asst. Atty. Gen., Salt Lake City, for defendant and appellee.

Gilbert D. Atahy, Loni F. Deland, Andrew A. Valdez, Ronald J. Yengich, Salt Lake City, for plaintiff and appellant.

HALL, Chief Justice:

A jury convicted ElRoy Tillman of capital homicide and sentenced him to death. This court affirmed the conviction and sentence on direct appeal.1 Thereafter, Tillman filed a petition for a writ of habeas corpus in the third district court, challenging both his conviction and his sentence. The trial court addressed the issues on the merits and denied the petition, holding that...

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