John Albert Taylor v. Warden

In 1989, following a bench trial before Judge David E. Roth, Taylor was convicted of capital homicide and sentenced to death for sexually assaulting eleven-year-old Charla King and strangling her with a telephone cord. Additional facts are set out in our opinion in State v. Taylor, 818 P.2d 1030 (Utah 1991), cert. denied, 503 U.S. 966, 118 L. Ed. 2d 219, 112 S. Ct. 1576 (1992). We affirmed Taylors conviction on direct appeal. Id. Taylor petitioned for extraordinary relief pursuant to rule 65B, Utah Rules of Civil Procedure. Following an evidentiary hearing, the second district court denied the writ, holding that Weber County had provided counsel who met the statutory minimum standard in 1989 for indigent representation, that Taylor had received effective assistance of counsel, and that Taylors waiver of a jury trial was knowing and voluntary. Taylor appeals.