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KELL v. STATE

No. 20070234.

194 P.3d 913 (2008)

2008 UT 62

Troy Michael KELL, Petitioner and Appellant, v. STATE of Utah, Respondent and Appellee.

Supreme Court of Utah.

September 5, 2008.

Attorney(s) appearing for the Case

Aric Cramer, St. George, for petitioner.

Mark L. Shurtleff, Att'y Gen., Thomas Brunker, Christopher D. Ballard, Asst. Att'ys Gen., Salt Lake City, for respondent.

PARRISH, Justice:

INTRODUCTION

¶ 1 Petitioner Troy Kell appeals the dismissal of his petition for post-conviction relief. Specifically, Kell challenges the holding that some of his claims were procedurally barred under the Post-Conviction Remedies Act ("PCRA") because either they were previously raised on direct appeal or they could have been raised on direct appeal but were not. Additionally, Kell challenges the post-conviction court's entry of summary...

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