YANEZ v. ROMERO

No. 79-1003.

619 F.2d 851 (1980)

Willie YANEZ, Petitioner-Appellant, v. Levi ROMERO, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 7, 1980.


Attorney(s) appearing for the Case

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

Andrea R. Buzzard, Asst. Atty. Gen., Santa Fe, N. M. (Jeff Bingaman, Atty. Gen., Santa Fe, N. M., with her on brief), for respondent-appellee.

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

This cause is before us on writ of habeas corpus which challenges a state court conviction of guilty in a criminal case. It is brought pursuant to 28 U.S.C. § 2254. The embattled incident is an arrest which was made in a service station restroom by New Mexico police. The police had observed the defendant and another person enter the restroom and had followed them into the room by bursting into it where they saw a hypodermic needle...

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