Preece v. House

OPINION

This case is before the court on respondents’ motion for a stay pending appeal of an order granting a petition for writ of habeas corpus and ordering the release of petitioner Robert D. Preece forthwith. In addition to opposing the stay, petitioner has moved this court for summary disposition of the appeal. In the interest of expediting a decision in this case, we deem it appropriate to address the merits of the appeal at this time. See Rule 2, Utah Rules of Appellate Procedure. We reverse the order of the district court, in part, and remand for further proceedings consistent with this…