STATE OF NEW MEXICO v. TARTAGLIA

Crim. Nos. 21785, 23787, 23794, 23327, 23412 and 23500, Civ. No. 10306.

365 F.Supp. 171 (1973)

STATE OF NEW MEXICO, Plaintiff-Respondent, v. Charlie TARTAGLIA, Defendant-Petitioner. STATE OF NEW MEXICO, Plaintiff-Respondent, v. Eddie CANDELARIA, Defendant-Petitioner. STATE OF NEW MEXICO, Plaintiff-Respondent, v. Pedro M. TARTAGLIA, Defendant-Petitioner. STATE OF NEW MEXICO, Plaintiff-Respondent, v. Frances JARAMILLO, Defendant-Petitioner.

United States District Court, D. New Mexico.

October 18, 1973.


Attorney(s) appearing for the Case

James L. Brandenburg, Dist. Atty., Albuquerque, N. M., for plaintiff-respondent.

Louis G. Stewart, Jr., Albuquerque, N. M., for defendants-respondents.


MEMORANDUM OPINION

PAYNE, Chief Judge.

The petitioners in this matter, all of whom are defendants in criminal proceedings in State Court, seek to remove their trials from State Court to Federal Court based on the removal statute 28 U.S.C. Section 1443(1) & (2). Petitioners allege that their right to equal civil rights as protected by the Fourteenth Amendment of the United States Constitution and by 42 U.S.C. Section 1981 have been and are being denied...

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