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BROWN v. UPHOFF

No. 03-8019.

381 F.3d 1219 (2004)

Paul David BROWN, III, Petitioner-Appellant, v. Judy UPHOFF, Director, Wyoming Department of Corrections, in her official capacity; Attorney General of the State of Wyoming, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 8, 2004.

Attorney(s) appearing for the Case

Terry J. Harris, Terry J. Harris, P.C., Cheyenne, WY, for Petitioner-Appellant.

Melissa M. Swearingen, Assistant Attorney General, State of Wyoming, (Patrick J. Crank, Attorney General, State of Wyoming, with her on the brief), Cheyenne, WY, for Respondents-Appellees.

Before MURPHY, HOLLOWAY, and McCONNELL, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Petitioner-Appellant, Paul David Brown, III, appeals the district court's order denying his petition for habeas relief filed under 28 U.S.C. § 2254. Following a jury trial, Brown was convicted in Wyoming state court of conspiracy to commit murder. His conviction was affirmed on direct appeal and his subsequent state petition for post-conviction relief was denied. Brown brought a habeas petition in federal district...

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