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County, 2012 UT 5, ¶ 8, 270 P

County, 2012 UT 5, ¶ 8, 270 P

post-belief relief getting correctness as opposed to deference toward all the way down court’s conclusions away from legislation.” Taylor v. three dimensional 471 (internal quotation scratching omitted).

We. MR. GREGG’S Amended PETITION To have Article-Belief Rescue Is actually An initial PETITION In lieu of A consecutive PETITION

¶ 16 The state contends the very first time towards attention one Mr. Gregg’s revised petition getting blog post-belief rescue will be treated because the a successive petition and you can urges me to dismiss their petition on that foundation alone. The state contends that it was procedurally incorrect to the Davis Condition Lawyer to help you stipulate in order to Mr. Gregg’s revised petition just like the Condition Attorney General’s work environment ‘s the simply people who’ll enable an extension significantly less than code 65C(i) of Utah Regulations regarding Civil Processes. Thus, the state argues that Mr. Gregg’s petition is ignored while the a poor successive petition. I disagree.

¶ 17 Rule 65C(i) governs service out-of petitions for post-conviction save and needs that legal head the brand new clerk out of the fresh new court in order to “serve a copy of one’s petition, attachments and you will memorandum by send chat room no registration argentina on the fresh respondent.” UTAH Roentgen. Continue reading County, 2012 UT 5, ¶ 8, 270 P