Wood v. Turner
Cases that cite this one
6 later published cases cite this decision.
- Marticorena v. Miller (Utah 1979)
- Tavenner v. Turner (Utah 1972)
- Rees v. Turner (Utah 1971)
- Maxwell v. Turner (Utah 1969)
- Pierce v. Wilson (District Court, D. Utah 1969)
- Dodge v. Turner (Utah 1968)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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. 1 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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.