Legal Opinion

Patrick Perez v. John W. Turner, Warden, Utah State Prison

Court of Appeals for the Tenth Circuit

Decided July 17, 1972No. 71-1689PublishedCited by 10 opinions

1Per curiam

Appellant, an inmate of the Utah State Prison, seeks a writ of habeas corpus on the ground that his Eighth Amendment rights against cruel and inhuman punishment have been violated.

FACTS

Appellant is confined in the Utah State Prison as a result of his conviction for sodomy and assault with a dangerous weapon. After exhausting his state court habeas corpus remedies, appellant filed the instant action in the district court. The state trial court afforded appellant a two-day evidentiary hearing, after which it resolved all issues of fact and law against him. A complete transcript of the state…

2Cases cited3 opinions

  1. Johnson v. AverySupreme Court of the United States · 1969
  2. Carl C. Coppinger v. Gene Townsend, M.D., and Wayne K. PattersonCourt of Appeals for the Tenth Circuit · 1968
  3. Mark O. Hatfield, Governor of the State of Oregon v. Paul R. BailleauxCourt of Appeals for the Ninth Circuit · 1961

3Cited by10 opinions

  1. Bernard Marchesani v. Sub Nom. Gary McCune Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1976
  2. Daughtery v. HarrisCourt of Appeals for the Tenth Circuit · 1973
  3. Brice v. DayCourt of Appeals for the Tenth Circuit · 1979
  4. Johnson v. HeggieDistrict Court, D. Colorado · 1973
  5. Wright v. RainesDistrict Court, D. Kansas · 1978

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