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Mares v. Hill

UT.74 , 222 P.2d 811, 118 Utah 484 (1950)

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WADE, Justice. Plaintiff instituted this original proceeding claiming he is being held without due process of law by the
warden of the state prison. He was tried and convicted of murder in the first degree wherein oral and written confessions
were used against him and we affirmed his conviction on appeal. Thereafter, he instituted this proceeding claiming (1) that
after his arrest he was not taken before a magistrate without unnecessary delay, as provided by Sec. 105-13-17, U.C.A.1943;
(2) that while he was so held without the advice of counsel, family or friends, he was questioned and made the confessions
complained of; (3) that under the surrounding facts and circumstances, these confessions were the result of pressure and coercion
and therefore not voluntary. He contends that under such circumstances he is being deprived of his liberty and his life threatened
without due process of law under Article 1, Section 7, Constitution of Utah, and Section 1 of the Fourteenth Amendment to
the Federal Constitution. Plaintiff argues the same points now that he argued in his case on appeal. He then claimed they were prejudicial errors but
now claims they constitute a lack of due process of law. If there was no error in the trial, there cannot be a lack of due
process of law for a trial which is so lacking in the fundamentals of Justice that it does not constitute due process of law
must contain error. But plaintiff contends that since our decision the Supreme Court of the United States has construed the
Federal Constitution so as to require a holding here that there was lack of due process of law in his trial. See Watts v.
Indiana, 338 U.S. 49, 69 S.Ct. 1347, 93 L. Ed. 1801; Turner v. Pennsylvania, 338 U.S. 62, 69 S.Ct. 1352, 93 L. Ed. 1810; and
Harris v. South Carolina, 338 U.S. 68, 69 S.Ct. 1354, 93 L. Ed. 1815. This court is bound by the construction of the Federal
Constitution placed thereon by the Supreme Court of the United States, and if our previous decision is contrary to that construction,
we are anxious to correct it.

Mares v. Hill
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  • $0.99
  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Law
  • Published: Oct 07, 1950
  • Publisher: LawApp Publishers
  • Seller: Innodata Book Distribution Services Inc
  • Print Length: 14 Pages
  • Language: English
  • Requirements: To view this book, you must have an iOS device with iBooks 1.3.1 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

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