Legal Opinion · Dissent

Thompson v. Harris

Utah Supreme Court

Decided October 4, 1944No. 6655Published

1Dissent

LARSON, Justice.

I dissent. I think the procedure followed as outlined by the Chief Justice was such a far departure from a fair trial, such a transgression of the constitutional and legal rights guaranteed a defendant, as to amount to depriving him of due process. I do not conceive how any proceeding which denies one a constitutional right can be termed “due process of law”; how an unconstitutional thing or act be said to be “the law of the land.”

There has here been entered up and made of record a conviction which this court has said is “all wet”, and a sentence imposed which we have said is…

2Cases cited24 opinions

  1. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
  2. McNabb v. United StatesSupreme Court of the United States · 1943
  3. Robinson v. JohnstonCourt of Appeals for the Ninth Circuit · 1941
  4. Lee Lim v. Davis, WardenUtah Supreme Court · 1929
  5. Brock v. HudspethCourt of Appeals for the Tenth Circuit · 1940

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