Stewart v. State by and Through Deland

OPINION

JACKSON, Judge:

The State of Utah appeals the trial court’s grant of Dail Ray Stewart’s petition for a writ of habeas corpus. We affirm.

FACTS

Stewart was charged with second degree homicide in the stabbing death of a fellow prison inmate pursuant to Utah Code Ann. § 76-5-203 (Supp.1985). He appealed his conviction on the basis of insufficient evidence and the supreme court affirmed in State v. Stewart, 729 P.2d 610 (Utah 1986). In confirming Stewart’s conviction, the supreme court relied on testimony that Stewart was the only one possessing a weapon which could have inflicted the deadly…