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Dear Geoff:

During the oral argument in the above matter held last Monday, March 16, 1992, the Court asked two factual questions which could be only partially answered at that time. One question concerned Mr. Gerrish's rehearing date before the Board of Pardons. The other concerned Mr. Gerrish's payment of fees to his trial lawyer. In response to both questions, I offered to provide the Court with record citations to amplify and support the answers I gave during argument. The portion of the record that shows Mr. Gerrish's rehearing date to be in the year 2000 is Third District Court file 890906266, filed in the Supreme Court in December of 1990, at 00013 and 00019 [R. 12/90 at 13, 19]. I have not yet been able to locate any portion of the record that reflects Mr. Gerrish's payment of approximately $147 in fees to his trial counsel. I anticipate obtaining a stipulation to supplement the record with a copy of the check representing that payment or Mr. Gerrish's affidavit or both.


Original Brief Submitted to the Utah Supreme Court; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.


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