KELL v. STATE

No. 20090998.

285 P.3d 1133 (2012)

2012 UT 25

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

Supreme Court of Utah.

Rehearing Denied August 29, 2012.


Attorney(s) appearing for the Case

Jon M. Sands , Ken Murray , Arizona, Megan Blythe Moriarty , Salt Lake City, for appellant.

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


Associate Chief Justice NEHRING, opinion of the Court:

INTRODUCTION

¶ 1 Troy Michael Kell brought a motion under rule 60(b) of the Utah Rules of Civil Procedure in an effort to resuscitate his petition for postconviction relief, which had been denied by the district court and affirmed by us on appeal. The district court determined that relief was unavailable under rule 60(b) because we had already affirmed its rejection of his petition and the case...

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