Legal Opinion

Peterson v. Kennard

Utah Supreme Court

Decided December 30, 2008No. 20070238PublishedCited by 13 opinions

1Opinion of the Court

NEHRING, Justice:

T1 We agreed to answer three questions in our writ of certiorari. First, whether Justin Peterson's asserted lack of representation by counsel during the period he could appeal his conviction constitutes a special cireum-stance permitting him to seek post-conviction relief. We hold that there were no unusual cireumstances or other common law excep tions that would allow Mr. Peterson to petition for post-conviction relief. Next, we consider whether the court of appeals applied the wrong burden of proof in its review of Mr. Peterson's challenge to the district court's denial of…

2Cases cited12 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Alabama v. SheltonSupreme Court of the United States · 2002
  3. Hurst v. CookUtah Supreme Court · 1989
  4. Manning v. StateUtah Supreme Court · 2005
  5. Bernat v. AllphinUtah Supreme Court · 2005

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3Cited by13 opinions

  1. Gardner v. StateUtah Supreme Court · 2010
  2. State v. GriffinUtah Supreme Court · 2016
  3. Noor v. StateUtah Supreme Court · 2019
  4. OLP, L.L.C. v. BurninghamUtah Supreme Court · 2009
  5. State v. LovelessUtah Supreme Court · 2010

8 more not listed; retrieve them via the Exa API.

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