LOPEZ v. MALLEY

No. 77-1126.

552 F.2d 682 (1977)

Juan Jose LOPEZ, Petitioner-Appellant, v. Clyde MALLEY, Warden, New Mexico State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 15, 1977.


Attorney(s) appearing for the Case

William Deaton, Federal Public Defender, Tova Indritz, Asst. Federal Public Defender, Albuquerque, N. M., filed memorandum in opposition to summary affirmance on behalf of petitioner-appellant.

Toney Anaya, Atty. Gen., Louis Druxman, Asst. Atty. Gen., Santa Fe, N. M., appeared on behalf of respondent-appellee.

Before PICKETT, Senior Circuit Judge, and SETH and McWILLIAMS, Circuit Judges.


PER CURIAM.

Appellant Lopez was tried and convicted in a New Mexico state trial court of commercial burglary and larceny. He appealed, unsuccessfully, to the New Mexico Court of Appeals. His subsequent application for post-conviction relief to the trial judge pursuant to Rule 57, New Mexico Rules of Criminal Procedure, was also unsuccessful.

Following the foregoing unsuccessful attempts to obtain post-conviction relief through state courts, Lopez initiated...

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