William Pope v. John W. Turner, Warden, Utah State Prison

LEWIS, Chief Judge.

This case reaches us for the second time. In our first consideration of the case, Pope v. Turner, 426 F.2d 783, we remanded Pope’s petition for a writ of habeas corpus to the District Court for the District of Utah with directions to that court to conduct an evidentiary hearing to determine whether Pope was unconstitutionally held in state custody by the respondent warden. Based on contentions made by petitioner at the hearing on remand, the trial court granted the writ and this appeal by the Utah State warden followed. The issues now presented to us are in no way related…