Ford v. Morgan

----ooOoo----

Solomon Lee Ford,
Petitioner and Appellant,

v.

Kent Morgan, Henry Galetka, et al.,
Respondents and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000187-CA

F I L E D
August 10, 2000 2000 UT App 245 -----

Third District, Salt Lake Department
The Honorable Tyrone E. Medley

Attorneys:
Solomon Lee Ford, Draper, Appellant Pro Se
Jan Graham and Thomas B. Brunker, Salt Lake City, for Appellees

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Before Judges Greenwood, Jackson, and Bench.

PER CURIAM:

A person is not eligible for post-conviction relief on any ground that "was raised or addressed in any previous request for post-conviction relief or could have been, but was not raised in a previous request for post-conviction relief." Utah Code Ann. § 78-35a-106(1)(d) (1996). Prior to the subject petition, Ford filed two other petitions in which he failed to raise the issues he raises now. The trial court correctly determined that Ford's claims are procedurally barred "because he could have raised them in his first petition for post-conviction relief, but did not." Accordingly, we affirm the trial court's dismissal of Ford's petition for post-conviction relief.
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 

______________________________
Russell W. Bench, Judge