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TALAMANTE v. ROMERO

No. 79-1328.

620 F.2d 784 (1980)

Gerald TALAMANTE, Petitioner-Appellant, v. Levi ROMERO, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 5, 1980.

Attorney(s) appearing for the Case

Tova Indritz, Asst. Federal Public Defender, Albuqerque, N. M., for petitioner-appellant.

Andrea Buzzard, Asst. Atty. Gen., State of N. M., Santa Fe, N. M. (Jeff Bingaman, Atty. Gen., and Frank A. Murray, Asst. Atty. Gen., State of N. M., Santa Fe, N. M., with her on the brief), for respondent-appellee.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Gerald Talamante (Talamante) appeals the dismissal with prejudice of his petition for writ of habeas corpus.

Talamante is incarcerated in the New Mexico State Penitentiary. He was convicted by a State court of voluntary manslaughter in October, 1977. Exhaustion of available state remedies concerning the issues raised in this appeal is admitted.1

On the evening of July 15, 1977, Talamante shot and...

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