State v. West
Utah Supreme Court
1DissentHall, Chief Justice
I respectfully dissent. The majority opinion’s scope and content are overly broad and expansive. Additionally, defendant does not contend that the claims he raised in his postconviction motion to withdraw his guilty plea were not and/or could not have been raised on direct appeal or as part of his prior habeas corpus complaint and proceeding. Moreover, defendant has not shown and the record does not divulge good cause in view of defendant’s procedural default or, considering the fact that defendant’s amended sentence resulted from his own stipulation and the granting of his habeas corpus…
2Cases cited32 opinions
- Murray v. CarrierSupreme Court of the United States · 1986
- Engle v. IsaacSupreme Court of the United States · 1982
- Reed v. RossSupreme Court of the United States · 1984
- Murch v. MottramSupreme Court of the United States · 1972
- Codianna v. MorrisUtah Supreme Court · 1983
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