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MELTON v. PATTERSON

No. 451-70.

445 F.2d 410 (1971)

James Harold MELTON, Jr., Appellant, v. Wayne K. PATTERSON, Warden, Colorado State Penitentiary, the People of the State of Colorado, Respondent.

United States Court of Appeals, Tenth Circuit.

July 21, 1971.

Attorney(s) appearing for the Case

Edwin S. Kahn, Denver, Colo., for appellant.

Richard G. McManus, Jr., Asst. Atty. Gen., Denver, Colo. (Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., and Michael T. Haley, Asst. Atty. Gen., Denver, Colo., with him on the brief), for appellee.

Before JONES and HOLLOWAY, Circuit Judges, and BRATTON, District Judge.

BRATTON, District Judge.

Two questions are presented for decision on this appeal by Petitioner James Harold Melton, Jr., from the denial of his petition for a writ of habeas corpus. The first question is whether the court below, 313 F.Supp. 1287, erred in holding: (1) that the counsel in Petitioner's murder trial was not inadequate, and (2) that the submission to the jury of the confession, whether or not involuntary, resulted...

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