Banks v. Turner

Utah Supreme Court

Banks v. Turner

506 P.2d 73, 29 Utah 2d 154, 1973 Utah LEXIS 745

CourtUtah Supreme Court

DecidedFebruary 5, 1973

DocketNo. 12923

StatusPublished

Cited by2 cases

This text of 506 P.2d 73 (Banks v. Turner) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. Turner, 506 P.2d 73, 29 Utah 2d 154, 1973 Utah LEXIS 745 (Utah 1973).

Pincite

Opinion

HENRIOD, Justice:

Appeal from the denial of a petition for writ of habeas corpus. Affirmed.

Banks, with the aid of counsel, whose competency no one questioned, pleaded guilty to a forgery charge after another charge was dropped, after having been counseled by his attorney, and after a plenary explanation of his rights and the possible consequences of his plea by the trial judge.

The record no way reflects his claim that he did not voluntarily and intelligently enter his plea.

His urgence that the binding over process from the city to the district court was in violation of Title 77-15-19, Utah Code Annotated 1953, because the magistrate did not sign the order is resolved in State v. Laris, 78 Utah 183, 2 P.2d 243 (1931), and that Title 77-15-19, U.C.A. 1953, relating to transferring the transcript to the district court was not followed, was attended with such unsatisfactory and speculative testimony that the trial court most certainly was not in error in resolving this issue against the appellant.

We conclude that the principles enunciated in the recent case of Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970) are dispositive of the [156]*156claim here under the facts reflected in the record.

CALLISTER, C. J., and ELLETT, CROCKETT and TUCKETT, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

HENRIOD, Justice:

Appeal from the denial of a petition for writ of habeas corpus. Affirmed.

Banks, with the aid of counsel, whose competency no one questioned, pleaded guilty to a forgery charge after another charge was dropped, after having been counseled by his attorney, and after a plenary explanation of his rights and the possible consequences of his plea by the trial judge.

The record no way reflects his claim that he did not voluntarily and intelligently enter his plea.

His urgence that the binding over process from the city to the district court was in violation of Title 77-15-19, Utah Code Annotated 1953, because the magistrate did not sign the order is resolved in State v. Laris, 78 Utah 183, 2 P.2d 243 (1931), and that Title 77-15-19, U.C.A. 1953, relating to transferring the transcript to the district court was not followed, was attended with such unsatisfactory and speculative testimony that the trial court most certainly was not in error in resolving this issue against the appellant.

We conclude that the principles enunciated in the recent case of Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970) are dispositive of the [156]*156claim here under the facts reflected in the record.

CALLISTER, C. J., and ELLETT, CROCKETT and TUCKETT, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

506 P.2d 73, 29 Utah 2d 154, 1973 Utah LEXIS 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-turner-utah-1973.

Opinion

Related

Cite This Page — Counsel Stack