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GARRISON v. PATTERSON

No. 10163.

405 F.2d 696 (1969)

Sylvester Lee GARRISON, Appellant, v. Wayne PATTERSON, Warden, Colorado State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

January 10, 1969.

Attorney(s) appearing for the Case

Isaac Mellman, Denver, Colo. (E. Barrett Prettyman, Jr., Washington, D. C., with him on the brief) for appellant.

John P. Moore, Asst. Atty. Gen., Denver, Colo. (Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Denver, Colo., with him on the brief) for appellee.

Before PICKETT, HICKEY and HOLLOWAY, Circuit Judges.

HICKEY, Circuit Judge.

On November 27, 1959, a Colorado trial court convicted appellant, Sylvester Lee Garrison, of murder. The death penalty was imposed. On July 31, 1961, the Supreme Court of Colorado affirmed the conviction.1 The Colorado courts have conducted two hearings to determine whether appellant has become insane since his conviction.2

On May 10, 1967, a petition for a writ of habeas corpus...

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