Ray Wayne Pierce v. John W. Turner, Warden, Utah State Prison

LEWIS, Circuit Judge.

Petitioner is a state prisoner presently incarcerated in the Utah State Prison after conviction for the crime of murder. The judgment of conviction was affirmed by the Utah Supreme Court, State v. Pierce, 17 Utah 2d 394, 412 P.2d 923, a subsequent petition for a writ of habeas corpus, treated as a petition for rehearing by the Utah court, was summarily denied by that court and certiorari was denied in the proceedings by the United States Supreme Court. Pierce v. Turner, 386 U.S. 947, 87 S.Ct. 978, 17 L.Ed.2d 877. Petitioner, encouraged by a comment of Mr. Justice Douglas…