Utah Supreme Court, 1971

Rees v. Turner

Utah Supreme Court · Decided December 3, 1971 · Callister, Crockett, Ellett, Henriod, Tuckett

26 Utah 2d 441; 491 P.2d 1093; 1971 Utah LEXIS 754

Cases that cite this one

1 later published case cites this decision.

Patterson v. State (Utah 2021)

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 of the Court

CALLISTER, Chief Justice:

Plaintiff, Rees, appeals from an order of the district court denying his petition for a writ of habeas corpus. This present proceeding is the second time1 that plaintiff has appealed from a hearing denying him this extraordinary writ. The second hear-, ing presented issues not previously raised; *442we have considered them and found them without merit. Since plaintiff could have tendered these issues upon which he now seeks relief in the first proceeding, hut failed to do so, he is barred from presenting them for judicial determination. The issue of the validity of his detention is res judicata.2

The order of the district court is affirmed.

TUCKETT, HENRIOD, ELLETT, and CROCKETT, JJ., concur.

. Rees v. Turner, 24 Utah 2d 349, 471 P.2d 168 (1970).

. Dodge v. Turner, 21 Utah 2d 341, 445 P.2d 707 (1968); Wood v. Turner, 19 Utah 2d 133, 427 P.2d 397 (1967).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.