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GILLIHAN v. RODRIGUEZ

No. 75-1514.

551 F.2d 1182 (1977)

Riley I. GILLIHAN, Petitioner-Appellant, v. Felix RODRIGUEZ, Warden, New Mexico State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 28, 1977.

Attorney(s) appearing for the Case

David E. Booth, Asst. Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

Andrea R. Buzzard, Asst. Atty. Gen., Santa Fe, N.M. (Toney Anaya, Atty. Gen., Santa Fe, N.M., on the brief), for respondent-appellee.

Before SETH and McWILLIAMS, Circuit Judges, and MORRIS, Chief Judge.

MORRIS, Chief Judge.

This is an appeal from a denial of a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (1970). In September, 1968, Riley I. Gillihan was convicted by a jury in the District Court of Grant County, State of New Mexico, on each of four separate counts of murder in the first degree. Capital punishment was imposed on each conviction. On appeal, the Supreme Court of New Mexico issued a mandate on September 10, 1969, remanding...

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