Legal Opinion

Manning v. State

Court of Appeals of Utah

Decided April 1, 2004No. 20020993-CAPublishedCited by 4 opinions

1Opinion of the Court

OPINION

ORME, Judge:

¶ 1 Carolyn Manning appeals the trial court’s denial of her petition for postconviction relief, which was brought over a year after she entered her guilty pleas. She contends that because she was not fully informed by her counsel and the trial court of the nature of her right to appeal, the trial court’s refusal to resentence her constitutes a denial of her constitutional right to appeal. We affirm the trial court’s denial of her motion and clarify the procedures for attacking guilty pleas and the availability of resen-tencing as a means to cure a missed opportunity to…

2Cases cited45 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  3. State v. MenziesUtah Supreme Court · 1994
  4. Serrato v. Utah Transit AuthorityCourt of Appeals of Utah · 2000
  5. Hurst v. CookUtah Supreme Court · 1989

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3Cited by4 opinions

  1. Manning v. StateUtah Supreme Court · 2005
  2. State v. WalkerCourt of Appeals of Utah · 2013
  3. Schultz v. StateCourt of Appeals of Utah · 2006
  4. Jimenez v. BrunnerDistrict Court, D. Utah · 2004

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