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MANNING v. STATE

No. 20040453.

122 P.3d 628 (2005)

2005 UT 61

Carolyn Roberts MANNING, Petitioner, v. STATE of Utah, Respondent.

Supreme Court of Utah.

September 23, 2005.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Laura Dupaix, Asst. Att'y Gen., Salt Lake City, for petitioner.

Joan C. Watt, Salt Lake City, for respondent.

On Certiorari to the Utah Court of Appeals

DURHAM, Chief Justice:

¶ 1 In this case, the petitioner seeks review of the court of appeals' decision that (1) a criminal defendant claiming denial of the right to appeal must file a separate civil action for relief pursuant to rule 65C of the Utah Rules of Civil Procedure and the Post-Conviction Remedies Act, and (2) the State is not required to prove a knowing and voluntary waiver of the right to appeal...

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