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HUTCHINGS v. STATE

No. 20010419.

84 P.3d 1150 (2003)

2003 UT 52

Larry L. HUTCHINGS, Plaintiff and Petitioner, v. STATE of Utah, Defendant and Respondent.

Supreme Court of Utah.

November 21, 2003.

Attorney(s) appearing for the Case

D. Matthew Moscon, Marc T. Rasich, Justin B. Palmer, David J. Williams, Salt Lake City, for plaintiff.

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

On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

¶ 1 In this appeal, we review the court of appeals' decision affirming the district court's summary dismissal of Larry L. Hutchings' second petition for post-conviction relief. The court of appeals held that the claims contained in Hutchings' second petition were raised, or could have been raised, in previous proceedings and were therefore precluded by section 106 of Utah's Post Conviction Remedies...

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