HAMILTON v. STATE OF NEW MEXICO

No. 72-1877.

479 F.2d 343 (1973)

Bobbie J. HAMILTON, Petitioner-Appellant, v. STATE OF NEW MEXICO et al., Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 31, 1973.


Attorney(s) appearing for the Case

George E. Pino, Sp. Asst. Atty. Gen., has filed a motion to affirm on behalf of respondents-appellees.

Jack L. Love, Fed. Public Defender, has filed a memorandum in opposition to summary affirmance and a response to motion to affirm on behalf of petitioner-appellant.

Before LEWIS, Chief Judge, and PICKETT and McWILLIAMS, Circuit Judges.


PER CURIAM.

This is an appeal from an order of the district court denying appellant's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Upon conviction of assault, appellant Bobbie Hamilton applied for an appeal bond, which was denied by both the sentencing court and the state supreme court. Appellant then sought federal habeas corpus relief to assert that his constitutional right to bail had been denied. There is a direct appeal now...

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