Gerrish v. Barnes

844 P.2d 315 (1992)

Oliver Benjamin GERRISH, Plaintiff and Petitioner,

v.

M. Eldon BARNES, Warden, Utah State Prison, Defendant and Respondent.

No. 900352.

Supreme Court of Utah.

December 16, 1992.

R. Paul Van Dam and Christine Soltis, Salt Lake City, for Barnes.

Phyllis Vetter, Salt Lake City, for Gerrish.

DURHAM, Justice:

In 1985, plaintiff Oliver Benjamin Gerrish was charged with three counts of aggravated sexual abuse of a child, a first degree felony carrying a minimum mandatory term of three, six, or nine years to life. Utah Code Ann. § 76-5-404.1. As part of a plea bargain, Gerrish pleaded…