Sims v. Smith
Utah Supreme Court
1Opinion of the Court
ELLETT, Chief Justice:
Mr. Sims appeals from a denial of his petition for a writ of habeas corpus. He was convicted in 1971 of the crime of murder in the first degree with a recommendation of leniency and was sentenced pursuant to statute to life imprisonment. 1
The basis for this appeal is the claim - that the case of Furman v. Georgia 2 invalidated the penalty set forth by our statute (Note 1 supra) and since there is no penalty for the crime of murder in the first degree, his incarceration is unlawful and he must be set free.
Mr. Sims relies on the case of State v. Winkle 3 for his position.…
Also in this document: Concurrence.
2Cases cited8 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Jurek v. TexasSupreme Court of the United States · 1976
- Proffitt v. FloridaSupreme Court of the United States · 1976
- State v. KallasUtah Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. MohiUtah Supreme Court · 1995
- Hoyle v. MonsonUtah Supreme Court · 1980
- Cavaness v. CoxUtah Supreme Court · 1979
- State v. MunsonUtah Supreme Court · 1998
- Cavaness v. CoxUtah Supreme Court · 1979
6 more not listed; retrieve them via the Exa API.