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Zumbrunnen v. Turner

497 P.2d 34, 27 Utah 2d 428, 1972 Utah LEXIS 1008
CourtUtah Supreme Court
DecidedMay 18, 1972
Docket12754
StatusPublished
Cited by8 cases

This text of 497 P.2d 34 (Zumbrunnen 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
Zumbrunnen v. Turner, 497 P.2d 34, 27 Utah 2d 428, 1972 Utah LEXIS 1008 (Utah 1972).

Opinion

HENRIOD, Justice:

Appeal from a dismissal of a petition for writ of habeas corpus. Affirmed.

The day before defendant’s trial setting, and represented by counsel, he pleaded guilty to burglary upon dismissal of two similar charges. He pursued this petition, after his time for appeal from the conviction had expired. He claimed 1) his plea was involuntary and unintelligent, and that 2) his counsel, who assisted him at his request, was incompetent. Both points could have been urged on a regular appeal. This court repeatedly has said the writ cannot be used as a substitute for such appeal. Besides, it appears that neither point is well taken.

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

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Cite This Page — Counsel Stack

Bluebook (online)
497 P.2d 34, 27 Utah 2d 428, 1972 Utah LEXIS 1008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zumbrunnen-v-turner-utah-1972.