SANCHEZ v. HEGGIE

No. 75-1249.

531 F.2d 964 (1976)

Carlos E. SANCHEZ, Petitioner-Appellee, v. Gordon W. HEGGIE, Warden, Colorado State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 9, 1976.


Attorney(s) appearing for the Case

E. Ronald Beeks, Asst. Atty. Gen., Denver, Colo. (J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Denver, Colo., on the brief), for respondent-appellant.

Kevin P. Kubie, Denver, Colo., for petitioner-appellee.

Before BREITENSTEIN, HILL and BARRETT, Circuit Judges.


HILL, Circuit Judge.

The United States District Court for the District of Colorado granted appellee, Carlos Sanchez, habeas corpus relief under 28 U.S.C. § 2254. The warden of the Colorado State Penitentiary has appealed. Appellee was convicted of statutory rape and first degree murder in Colorado state court. His conviction was affirmed by the Colorado Supreme Court which found no merit in the contention before us....

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