Bennett v. Smith

Utah Supreme Court

Bennett v. Smith

547 P.2d 696, 1976 Utah LEXIS 783

CourtUtah Supreme Court

DecidedMarch 17, 1976

DocketNo. 14229

StatusPublished

Cited by2 cases

This text of 547 P.2d 696 (Bennett v. Smith) 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

Bennett v. Smith, 547 P.2d 696, 1976 Utah LEXIS 783 (Utah 1976).

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Opinion

PER CURIAM:

Howard Smith Bennett appeals from denial of his petition for writ of habeas corpus by which he sought a belated second go-round attack upon his conviction of murder in the second degree. For a statement of the facts and a review of all properly claimed errors see the prior decision.¹ One year and a half later he filed in Third District Court his petition for a writ of habeas corpus seeking to have his conviction declared void and that he be released from prison. The court denied the petition and he appeals.

This court has stated in numerous cases such as the instant one the basic and necessary rule: that after one has been convicted of crime and has had all his claims of error reviewed on appeal, and his conviction affirmed, that should put the judgment at rest. He should not be permitted at a later time to use habeas corpus to again attack his conviction on matters which were either dealt with or could have been dealt with at the time for appeal.²

Petitioner complains that he was not afforded a formal hearing in open court. This is a civil proceeding in which there is no requirement that a party be present. What he is entitled to is a correct and just determination of his case. When the files and records of the case show clearly that he was not entitled to relief, no such hearing is required.³

We are in accord with the view of the trial court that other points argued by the petitioner are so lacking in merit that they do not justify discussion herein.

Affirmed. No costs awarded.

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PER CURIAM:

Howard Smith Bennett appeals from denial of his petition for writ of habeas corpus by which he sought a belated second go-round attack upon his conviction of murder in the second degree. For a statement of the facts and a review of all properly claimed errors see the prior decision.¹ One year and a half later he filed in Third District Court his petition for a writ of habeas corpus seeking to have his conviction declared void and that he be released from prison. The court denied the petition and he appeals.

This court has stated in numerous cases such as the instant one the basic and necessary rule: that after one has been convicted of crime and has had all his claims of error reviewed on appeal, and his conviction affirmed, that should put the judgment at rest. He should not be permitted at a later time to use habeas corpus to again attack his conviction on matters which were either dealt with or could have been dealt with at the time for appeal.²

Petitioner complains that he was not afforded a formal hearing in open court. This is a civil proceeding in which there is no requirement that a party be present. What he is entitled to is a correct and just determination of his case. When the files and records of the case show clearly that he was not entitled to relief, no such hearing is required.³

We are in accord with the view of the trial court that other points argued by the petitioner are so lacking in merit that they do not justify discussion herein.

Affirmed. No costs awarded.

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Bluebook (online)

547 P.2d 696, 1976 Utah LEXIS 783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-smith-utah-1976.

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