WICKHAM v. GALETKA

No. 20000716.

61 P.3d 978 (2002)

2002 UT 72

Christopher WICKHAM, Plaintiff and Appellee, v. Hank GALETKA, Warden, Utah State Prison, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied December 5, 2002.


Attorney(s) appearing for the Case

Roger K. Scowcroft, Salt Lake City, for plaintiff.

Mark Shurtleff, Att'y Gen., Erin Riley, Asst. Att'y Gen., Salt Lake City, for defendant.


HOWE, Justice:

INTRODUCTION

¶ 1 The State appeals from a judgment granting post-conviction relief in the form of a new trial to petitioner Christopher Wickham who had been convicted of two counts of aggravated sexual assault, each a first degree felony, in violation of Utah Code Ann. § 76-5-405 (1996).

BACKGROUND

¶ 2 This case arises from the sexual assault of a sixteen-year-old girl while she was at a party on the evening...

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