NEWMAN v. RODRIGUEZ

No. 9070.

375 F.2d 712 (1967)

A. R. NEWMAN, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

April 4, 1967.


Attorney(s) appearing for the Case

Charles S. Solomon, Santa Fe, N. M., for appellant.

L. D. Harris, Special Asst. Atty. Gen., Albuquerque, N. M. (Boston E. Witt, Atty. Gen., Santa Fe, N. M., with him on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and BROWN, United States District Judge.


WESLEY E. BROWN, District Judge.

The petitioner, A. R. Newman, appeals from the denial of his application for a writ of habeas corpus by the United States District Court for the District of New Mexico. A single question of law is presented. Is the State of New Mexico required under the equal protection clause of the United States Constitution to give credit for time served on a void sentence upon reconviction following a new trial?

On December 2, 1963, Newman...

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