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MENZIES v. GALETKA

No. 20040289.

150 P.3d 480 (2006)

2006 UT 81

Ralph Leroy MENZIES, Plaintiff and Appellant, v. Hank GALETKA, Utah State Prison Warden, Defendant and Appellee.

Supreme Court of Utah.

December 15, 2006.

Attorney(s) appearing for the Case

Elizabeth Hunt, Salt Lake City, for plaintiff.

Mark L. Shurtleff, Atty. Gen., Thomas Brunker, Erin Riley, Asst. Attys. Gen., Salt Lake City, for defendant.

DURHAM, Chief Justice:

¶1 In this case, Ralph Leroy Menzies, a death row inmate, appeals from the district court's dismissal of his petition for post-conviction relief. Menzies filed a claim for post-conviction relief in 1995, after having previously exhausted his grounds for direct appeal. On March 3, 1998, attorney Edward K. Brass was appointed by the district court to represent Menzies. From that date until his withdrawal on September 9, 2003, Brass willfully...

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