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WILLETT v. BARNES

No. 900344.

842 P.2d 860 (1992)

Duane WILLETT, Plaintiff and Appellant, v. Eldon BARNES, Warden, Utah State Prison, Defendant and Appellee.

Supreme Court of Utah.

October 28, 1992.

Attorney(s) appearing for the Case

J. Frederic Voros, Jr., Salt Lake City, for Willett.

R. Paul Van Dam, David F. Bryant, Salt Lake City, for Barnes.

DURHAM, Justice:

Plaintiff Duane Willett sought a writ of habeas corpus in the Fourth District Court in Utah County and also sought leave to withdraw his 1983 guilty plea to a charge of first degree murder. After an evidentiary hearing, the district court denied Willett's petitions. This appeal followed. We vacate the district court's ruling and remand for further proceedings.

In 1983, the State charged plaintiff and his son, Harley Willett, with first degree...

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