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BOGGESS v. MORRIS

No. 16894.

635 P.2d 39 (1981)

Walter Preston BOGGESS, Jr., Plaintiff and Respondent, v. Lawrence MORRIS, Warden, Utah State Prison, Defendant and Appellant.

Supreme Court of Utah.

July 20, 1981.

Attorney(s) appearing for the Case

David L. Wilkinson, Craig L. Barlow, Salt Lake City, for defendant and appellant.

Douglas E. Wahlquist, Salt Lake City, for plaintiff and respondent.

OAKS, Justice:

The issue in this appeal from the granting of a writ of habeas corpus is whether a convicted felon who has admittedly been denied his constitutional right to appeal his conviction within the time prescribed by law should have his conviction set aside by collateral attack and be released from custody (subject to the state's right to prosecute him in another trial) or whether there is another, more appropriate...

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