GARDNER v. GALETKA

No. 20010875.

94 P.3d 263 (2004)

2004 UT 42

Ronnie Lee GARDNER, Plaintiff and Appellant, v. Hank GALETKA, Warden of the Utah State Prison, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied May 26, 2004.


Attorney(s) appearing for the Case

James C. Bradshaw, Salt Lake City, and Andrew Parnes, Ketchum, ID, for plaintiff.

Mark L. Shurtleff, Att'y Gen., Thomas B. Brunker, Asst. Att'y Gen., Salt Lake City, for defendant.


AMENDED OPINION

WILKINS, Justice:

¶ 1 Plaintiff Ronnie Lee Gardner appeals the district court's dismissal of his second petition for post-conviction relief. We affirm, holding that Gardner's claim is procedurally barred by the Post-Conviction Remedies Act (the "PCRA" or the "Act"). See Utah Code Ann. §§ 78-35a-101 to -106 (2002).

FACTUAL AND PROCEDURAL HISTORY

¶ 2 For a complete recitation of the underlying facts...

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