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ALVAREZ v. GALETKA

No. 950547.

933 P.2d 987 (1997)

Fred A. ALVAREZ, Plaintiff and Appellant, v. Hank GALETKA, Warden, Utah State Prison, and Fred Van Der Veur, Warden, Gunnison Facility, Defendants and Appellees.

Supreme Court of Utah.

March 7, 1997.

Attorney(s) appearing for the Case

Ronald J. Yengich, Hakeem Ishola, Salt Lake City, for plaintiff and appellant.

Jan Graham, Atty. Gen., Kenneth A. Bronston, Asst. Atty. Gen., for defendants and appellees.

RUSSON, Justice:

I. INTRODUCTION

Fred A. Alvarez appeals the district court's dismissal of his habeas corpus petition for failure to state a claim for which relief can be granted under rule 12(b)(6) of the Utah Rules of Civil Procedure. We affirm in part, reverse in part, and remand for further proceedings.

II. BACKGROUND

Alvarez was convicted of first degree murder, pursuant to Utah Code Ann....

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