DOWNING v. NEW MEXICO STATE SUPREME COURT

No. 7841.

339 F.2d 435 (1964)

Everett R. DOWNING, Appellant, v. The NEW MEXICO STATE SUPREME COURT, the First Judicial District Court, Santa Fe, New Mexico, and Warden Harold A. Cox, Penitentiary of New Mexico, Appellees.

United States Court of Appeals Tenth Circuit.

December 16, 1964.


Attorney(s) appearing for the Case

John L. Belt, Oklahoma City, Okl., for appellant.

L. D. Harris, Sp. Asst. Atty. Gen. (Earl E. Hartley, Atty. Gen., State of New Mexico, on the brief), for appellees.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.


PER CURIAM.

Appellant is a prisoner in the New Mexico State Penitentiary under a state sentence imposed after his plea of guilty to a felony charge. The trial court dismissed his self-prepared petition without a hearing. In this court he is represented by appointed counsel.

The record shows that appellant sought habeas corpus relief in state court and this was denied after a hearing at which appellant was present and represented by counsel. He sought a review...

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