BENNETT v. HOLDEN

No. 950142.

932 P.2d 598 (1997)

Eugene Reed BENNETT, Plaintiff and Appellant, v. Tamara HOLDEN, Warden, Defendant and Appellee.

Supreme Court of Utah.

February 14, 1997.


Attorney(s) appearing for the Case

J. Thomas Bowen, Salt Lake City, for Plaintiff and Appellant.

Jan Graham, Atty. Gen., Joanne C. Slotnik, Kris Leonard, Asst. Attys. Gen., Salt Lake City, for Defendant and Appellee.


ZIMMERMAN, Chief Justice:

Plaintiff Eugene Reed Bennett appeals a district court order denying his petition for a writ of habeas corpus. Bennett contends that this court should vacate the denial of his writ and remand for further proceedings because critical evidence has been discovered that was relevant to the issues before the habeas court but had been misplaced by court officials and, for that reason, had not been considered by the habeas corpus court. We vacate...

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