KELBACH v. McCOTTER

No. 930252.

872 P.2d 1033 (1994)

Walter B. KELBACH, Plaintiff and Appellant, v. O. Lane McCOTTER, Director, Utah Department of Corrections, Defendant and Appellee.

Supreme Court of Utah.

April 12, 1994.


Attorney(s) appearing for the Case

Walter B. Kelbach, pro se.

Jan Graham, Atty. Gen., J. Frederic Voros, Jr., Asst. Atty. Gen., Salt Lake City, for defendant.


ZIMMERMAN, Chief Justice:

Walter B. Kelbach appeals from the district court's dismissal of his petition for a writ of habeas corpus. Kelbach claims that he is entitled to the writ on three grounds: (i) he was denied the right to be tried before a representative jury; (ii) the trial court "lost jurisdiction" over him because it did not immediately resentence him to life imprisonment after the United States Supreme Court vacated his death sentence; and (iii) he was...

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