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Show PACE FOUR THE DAILY RECORD Judgments Mortgages Murray City Court 59520- - 600 $217.07 to HA3K JAMK3 pltf. 622 59521- - Credit Bureau of SLC 625 Hebert Nelsen Const, to Midwest Realty $2150. Standard Opticla Co. & JOAN BAIR $lB3.17 660 Heber Nelson Const, to Midwest Realty $2175. $233.14 SOKOL pltf. 5954 v. REED to Jtf. 5955 v. 7- - Thrifty GARY NEWMAN Rent A Car $72.00 to 5959- 7- v. to LAMBHOS 59.60- 59603- - 59o04- - Valley West Hospital $253.55 JAMES 3OD52IH0PER to pltf. 5962?- - Mespaper Agency Corp. v. $34.53 5 50626- - Doctors 4 Merchants Doctor- - Aksel R. Peterson etux to Am. Sav. $1413.60. 700 Heber Nelson Const, to Midwest Realty $2150. pitf 864 Harold 2520 70li 928 Barney C. Webster Clair 705 Richard N. Lang etux Am. Sav. $4432.32. 706 Kelvin L. Fedor etux to Sec. Title, $3239. 939 E. M. 959 J. H. to Sav. $1028.24. Am. etux to Dial Bldrs. Inc. $3000. H. E. King etux $10,000. Calders Brothers to Prud Fed. Sav. $73,172.17. Engel etux to American Sav. $4448.64. Paul Schreiber etux Utah C. V. Fed. Cr. 910 Mortgages 703 to Valley Bank to Equitable Life $375,000. Un. to Nichols etux to Valley Bank $12,227.40. 2519 7l7 to Am. M. Am. J. Phillips etux 015 3radshaw Sav. $6984. etal to 026 027 C. A. Rr. 047 049 Am. H. Ronald Holbrook etux Eq. $26,400. 968 Ralph L. Hughes etux to Prud. Fed. Sav. $1295.28. March 16, 1973 Thomas D. Romano, Defendant and Appellant. L. M. Cummings, Clerk Appeal from an auto homicide conviction case, which we deem to be frivolous. Affirmed. with us, but dutifully followed Appellant's counsel seems to agree 1 of v. Anders the interdiction California, (by writing and filing a brief) to the effect that a lawyer, whose integrity and capabilities were unquestioned in that case, was not allowed to confess. or report to an appellate court that he had no "meritorious" case. Apparently he should have said in such report that the appeal would be "frivolous, " - and what is worse, it indicated that he would not be given permission to withdraw from the case. Counsel here has followed this seemingly ridiculous course, and having done so, asks out. Under the Anders case in such event, counsel would have been entitled to such withdrawal. Counsel here, having made such useless gesture we therefore permit him to withdraw under the Anders principles which nonetheless seems to condemn the honorable practitioner and turns the ambulance siren on for others less scrupulous. Withal the above, counsel for appellant erred a little. He did not use the magic word "frivolous." In our opinion a letter from appellant's counsel saying he conscientiously had no argument to advance would have been more impressive and respected than a fabricated meritless brief. "Frivolous" is The Anders case seems synonymous with "having no baaia in law or fact. and of to downgrade the capabilities questions their intelligence. lawyers WE CONCUR: E. R. Callister, Jr. , Chief Justice Bell etux to A. H. Ellett, Justice S. Nelson etux to R. L. Tuckett, Justice Eq. $27,300. Heber Nelson Const, to Midwest Realty $1875. JOIN ME BOB 'Crockett, Justice, concurs in the result. 1. 386 U. S. 738, 87 S.Ct. 1396, 19 L.Ed.Zd 493 (1967). 2. Webster's Third New International Dictionary. Gale Lee Boone, Plaintiff and Appellant, No. 1270b FILED v. March 15, 1973 CALLISTER. Chief Justice: ONE FUU WEEK . . . CRUISING Seven Ports of Adventures . . . Bizerta, Tunsia Palermo, Cannes, France Genoa, Italy Naples Barcelona, Spain. Gourmet Meals on Board Great Entertainment de Mallorca at the Luxurious Hotel Belver. Full American breakfast & dinner included. In Palma I 29, 1973 the I960 proceedings was1 entered in evidence. This record concisely refuted plaintiff's claim that his counsel was not present at the time of sentencing and that he was not informed as to the consequences of entering a plea of guilty. WORLD TRAVEL TRAVEL j NOW 486-077- 5 FOR FREE COLOR BROCHURE, SEND COUPON OR CALL MORRIS TRAVEL 3420 SO. STATE, SLC, UTAH 84115 (801) 486-077- 5 NAME I j ADDRESS I TELEPHONE 1 Plaintiff further claims that the hearing at which his parole was revoked did not comport with the requirements of due process. He concedes that the case upon which he relied to support his claim was not retroactive and that his hearing was prior in time to. the decision. The record further reveals that neither he nor his attorney made any attempt to have witnesses present at the hearing, that their alleged testimony concerned a collateral issue which was not the basis for revocation, and that his claim concerning the witnesses was framed as a request for a continuance in order to produce these witnesses. Plaintiff did not present a scintilla of evidence to support his allegation of a denial of due process in the revocation hearing. I I I 54, On appeal, plaintiff contends that the trial court erred in its finding that his plea of guilty was intelligently and voluntarily entered. A record of tHOKKID CALL Plaintiff appeals from an order of the district court denying his petition for a writ of habeas corpus. Plaintiff pleaded guilty to the crime of second degree burglary on November 15, I960; he was sentenced to the term provided by law to the Utah State Prison, Subsequently, he was released on parole, which was thereafter revoked at a hearing before the Board of Pardons. At the parole revocation hearing, plaintiff was represented by counsel. Certain acts of plaintiff, which caused his arrest and subsequent conviction for resistU. C. A. ing an officer in the discharge of his duty in violation of Sec. a also of constituted his breach and 1953, parole agreement provided a basis for revocation. 76-28-- ... ON THE BEACH WE DEPART SALT LAKE CITY, APRIL L. M. Cummings, Clerk SIMMONS OF KSL RADIO FOR n David D. Nelson etux to Eq. $22,250. Am. FILED v. The judgment of .the district court is affirmed. to Jane T. Sears to David Sears $10,000. No. 12594 Plaintiff and Respondent, Utah State Prison, Defendant and Respondent. WITH CREATIVE 081 $2975 John W. Turner, Warden, IN COOPERATION 046 Am. Eq. $21,850. The Anders case sticks in an honorable, capable lawyer's throat and make it difficult to swallow a morsel difficult to stomach. sanctions its MEDITERRANEAN AIRSE A CRUISE ONE FULL WEEK 2522 030 Stephen Booth etux Am. to Fed. Bldg. $35,000. Inc. to Amsal Sav. $3721.20. John Am. John 3. Archer etux to Am. Sav. $20,600. to Kenneth D. Pace to Sav. $2911.68. Practical Dwellings to Am. Claude R. Nowell etux to Rex S. Nowell etux $22, 000. 607 Practical Dwellings to 2521 009 Kenneth H. Valley Bank $3u69.72. 793 959 Empire Investment $1050. Charles E, Cates etux to 762 etux to Bnpire Inv. $1050. Clarence D. Connors etux tc Pruu. Fed. Sav. $8182. 717 Kenneth C. Rudd Prud. Fed. Sav. $1507.68 Sav. $7127.40. Cottonwood Real Estate to Elmer L. Johnson etux J. Mitchell etux 988 HENRIOD. Justice: 853 Mi.-Jha- nts c. carr 349.73 to 3Ri-;-:r Robert - 695 to 923 State of Utah, Barket Enterprises to Qrrer J. Greenwood etux $2276.67. W. Harry K. Pilts Jr., etux to Fed. Bldg. $21,900. Taggart, to In The Supreme Court Of The State Of Utah 680 BRETT C. CARR $9. V. Barker Enterprises to Orren J. Greenwood etux. $2256.76 2518 822 Gerald W. Adamson etux American Eq. $21,000. pltf. Doctor 5 "525- v. 677 $959.52 Titan Steel Corp.v. CORP. $224.51 to pltf B v. DUDLEY ,7, Donald E Bonner etux American Eq. $15,850. Service. Barker Enterprises to First Fed. Sav. $2266.67. Utah White Trucks 2- v. HATv'LO to plr.fi. 901 675 $75.93 pltf. to $21,569.97. Vera D. Gull to Elms q, Foley $14,000. Security Adjustment BARBARA 848 Bank 917 W. Trustee. 818 669 pltf 9 First Security Charles Heber Nelson Const, to Midwest Realty $2150. tf v. JERK A. 790 Robert W. Septer etux to Farmers Hone A dm. $18, 630. Cerdit Bureau of v. SLC THURSDAY, MARCH 29, 1973 |