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BAEZ v. RODRIGUEZ

No. 9275.

381 F.2d 35 (1967)

Marcos D. BAEZ, Appellant, v. Feliz RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 3, 1967.

Attorney(s) appearing for the Case

Robert C. Free for appellant.

L. D. Harris, Sp. Asst. Atty. Gen. Boston E. Witt, Atty. Gen., was with him on the brief), for appellee.

Before LEWIS, HILL and HICKEY, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

This case reaches us for the second time. Upon its original presentation, we remanded appellant's petition seeking a writ of habeas corpus for further consideration by the District Court for the District of New Mexico in light of our decision in Pearce v. Cox, 354 F.2d 884, and related cases. Our remand directed the trial court to afford the state an opportunity to refute appellant's testimony, then...

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