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Wood v. Turner

Supreme Court of Utah
May 9, 1967
427 P.2d 397 (Utah 1967)

Opinion

No. 10471.

May 9, 1967.

Petition from the Third District Court, Salt Lake County, A.H. Ellett, J.

Jimi Mitsunaga and John D. O'Connell, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., Ronald N. Boyce, Chief Asst. Atty. Gen., Salt Lake City, for respondent.


The appellant is presently serving two separate sentences in the Utah State Prison imposed as the penalty for two separate convictions of robbery. Such sentences run concurrently. After the beginning of both sentences, the appellant brought a habeas corpus proceeding making an issue of the validity of only one of such convictions. He was denied the relief sought by that action, and by this action attacks the validity of the other conviction.

The appeal is from a judgment of former District Judge A.H. Ellett dismissing appellant's petition without a hearing on the issues tendered by his petition. The issue of the validity of the appellant's present detention in the Utah State Prison is res judicata. Since appellant could have tendered the issues upon which he now seeks relief in the first habeas corpus proceeding but failed to do so, he is barred from presenting them for judicial determination. Affirmed.

Wheadon v. Pearson, 14 Utah 2d 45, 376 P.2d 946 (1962); East Mill Creek Water Co. v. Salt Lake City et al., 108 Utah 315, 159 P.2d 863 (1945).

CROCKETT, C.J., and CALLISTER, TUCKETT, and HENRIOD, JJ., concur.

ELLETT, J., being disqualified, does not participate herein.


Summaries of

Wood v. Turner

Supreme Court of Utah
May 9, 1967
427 P.2d 397 (Utah 1967)
Case details for

Wood v. Turner

Case Details

Full title:VIRGIL L. WOOD, PLAINTIFF AND APPELLANT, v. JOHN W. TURNER, WARDEN UTAH…

Court:Supreme Court of Utah

Date published: May 9, 1967

Citations

427 P.2d 397 (Utah 1967)
19 Utah 2

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REES v. TURNER

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