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TURNER v. MALLEY

No. 78-1413.

613 F.2d 264 (1979)

Ernest TURNER, Plaintiff-Appellant, v. Clyde E. MALLEY (Warden), Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 28, 1979.

Attorney(s) appearing for the Case

Tova Indritz, Asst. Federal Public Defender, Albuquerque, N. M., for plaintiff-appellant.

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

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

McWILLIAMS, Circuit Judge.

Pursuant to 28 U.S.C. § 2254, Ernest Turner, a state prisoner, brought the present habeas corpus action in the United States District Court for the District of New Mexico against Clyde Malley, the Warden of the New Mexico State Penitentiary. One ground urged for Turner's release was that his Fifth and Fourteenth Amendment rights had been violated when the New Mexico state judge denied Turner's request that he be given a transcript of...

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