CANALES v. BAKER

No. 10-68.

406 F.2d 685 (1969)

Rito G. CANALES, Appellant, v. J. E. BAKER, Warden, Appellee.

United States Court of Appeals Tenth Circuit.

February 4, 1969.


Attorney(s) appearing for the Case

Stan P. Doyle, Tulsa, Okl., for appellant.

Joseph F. Baca, Special Asst. Atty. Gen., Albuquerque, N. M. (Boston E. Witt, Atty. Gen., Santa Fe, N. M., with him on the brief), for appellee.

Before MURRAH, Chief Judge, and HICKEY and HOLLOWAY, Circuit Judges.


HICKEY, Circuit Judge.

Appellant, Rito Canales, entered a plea of guilty to a second degree murder charge in the New Mexico state court. As a result of the plea he was sentenced to a term in the state penitentiary. The petition here involved was filed pursuant to 28 U.S.C. § 2254 and denied by the Federal District Court for the District of New Mexico. The trial court denied the petition on the grounds that Canales had failed to exhaust his state remedies pursuant...

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