Alvarez v. Galetka

*988RUSSON, Justice:

I. INTRODUCTION

Fred A. Alvarez appeals the district court’s dismissal of his habeas corpus petition for failure to state a claim for which relief can be granted under rule 12(b)(6) of the Utah Rules of Civil Procedure. We affirm in part, reverse in part, and remand for further proceedings.

II. BACKGROUND

Alvarez was convicted of first degree murder, pursuant to Utah Code Ann. § 76-5-202(l)(b) (1990), as a result of his involvement in a fight that resulted in the stabbing deaths of Don and Shayne Newingham in June 1990.1 Alvarez was sentenced to life imprisonment, augmented by a…