Docket Number


Document Type

Legal Brief

Publication Date



Dear Mr. Butler:

The respondent, State of Utah, M. Eldon Barnes, Warden, Utah State Prison, hereby waives the right to file a Brief in Opposition to Petition for Writ of Certiorari in the abovereferenced case pursuant to Rule 47(d), Rules of the Utah Supreme Court. This waiver does not constitute a stipulation that the petition should be granted, but rather, it is respondent's position that the petition should be denied based upon the legal analysis contained in the memorandum decision of the Utah Court of Appeals and the respondent's memorandum which is attached to this letter. In the event that the Court deems an additional response by the State necessary to its determination, a Brief in Opposition will be provided.


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.


Public record document (some rights may be reserved).