Andrews v. Haun

779 P.2d 229, 115 Utah Adv. Rep. 17, 1989 Utah LEXIS 89, 1989 WL 95317

Opinion

PER CURIAM:

This case is here as a petition for extraordinary relief. It appears from the incomplete submission of the parties, both petitioner and the State, that the Board of Pardons erred in not disclosing certain documents which were apparently before the Board, as required by article VII, section 12, Constitution of Utah. However, the decision of the Board demonstrates that it did not rely on the undisclosed information to any significant extent in declining to commute petitioner’s death sentence.

If Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986), has application in this case and if error were committed under Ford, we view the error as harmless.

The petition is denied.

HOWE, Associate C.J., concurs in the result only, not being convinced that the Board of Pardons erred.