Docket Number

20050219

Document Type

Brief of Appellant

Publication Date

2005

Abstract

Appeal from a judgement order made by summary judgement, decision to dismiss appellant's filing a writ of Habeus Corpus on September 30, 2004, wherein the petitioner challenged his arrest and detention. The petitioner argued that the warrant for arrest issued by the _ of pardons was not valid as it lacked all stipulated United States constitutional requirements for the legal _ of an arrest warrant. Petitioner's arguments included that the Board of Pardons and Parole (Board) lacked judicial jurisdiction to issue any warrant; that the issuance _ execution of the warrant violated the due process clause of the fourth amendment: and that the Board lacked subject matter jurisdiction to continue to imprison petitioner.

Comments

Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
Maurice Joseph Gelpi III; attorney pro se; attorney for plaintiff/appellant.
Annina M. Mitchell; Eric D. Petersen; assistant attorney general; attorneys for appellees.

Rights

Public record document (some rights may be reserved).

COinS