Legal Opinion

Rodgers v. Turner

District Court, D. Utah

Decided October 30, 1959No. C-88-59Published

1Opinion of the Court

CHRISTENSON, District Judge.

The above-named petitioner with the assistance of Court-appointed counsel has now been afforded fair and full opportunity to present by second amended petition such reasons as may exist for the issuance by this Court of a writ of ha-beas corpus to prevent his execution by state authority.

The American system of justice as implemented by the Fourteenth Amendment will not send a convicted person to his death without according him such opportunity of alleging before a federal court and, if legally sufficient allegations be made, of proving at a proper hearing that his…

2Cases cited14 opinions

  1. Darr v. BurfordSupreme Court of the United States · 1950
  2. Walker v. JohnstonSupreme Court of the United States · 1941
  3. United States Ex Rel. Darcy v. HandySupreme Court of the United States · 1956
  4. Thomas v. ArizonaSupreme Court of the United States · 1958
  5. Ex Parte SullivanDistrict Court, D. Utah · 1952

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