ORTIZ v. BAKER

No. 10125.

411 F.2d 263 (1969)

Lee Roy ORTIZ, Appellant, v. J. E. BAKER, Warden, Appellee.

United States Court of Appeals Tenth Circuit.

May 26, 1969.


Attorney(s) appearing for the Case

Ronald K. Griffith, Denver, Colo. (Yegge, Hall, Treece & Evans, Denver, Colo., were with him on the brief), for appellant.

Joseph F. Baca, Sp. Asst. Atty. Gen. (James A. Maloney, Atty. Gen., was with him on the brief), for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


PER CURIAM.

The appellant, a state prisoner, contends that the district court erred in denying habeas relief without an evidentiary hearing. At a pre-Miranda jury trial in a New Mexico state court, he was found guilty of first-degree murder and sentenced to life imprisonment. The conviction was affirmed by the New Mexico Supreme Court. State v. Ortiz, 77 N.M. 316, 422 P.2d 355.

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