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GRIFFIN v. WINANS

No. 81-1937.

684 F.2d 686 (1982)

Kenneth D. GRIFFIN, Petitioner-Appellee, v. Harvey WINANS, Warden of the New Mexico State Penitentiary, and Attorney General of the State of New Mexico, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

July 28, 1982.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., and Eddie Michael Gallegos, Asst. Atty. Gen., of N. M., Santa Fe, N. M., for respondents-appellants.

Reber Boult, Asst. Federal Public Defender, Albuquerque, N. M., for petitioner-appellee.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

The State of New Mexico appeals the district court's grant of habeas corpus relief to Kenneth Griffin1 because it found that Griffin's state court convictions for rape and aggravated burglary were invalid inasmuch as Griffin had received ineffective assistance of counsel. On appeal the State argues that Griffin's counsel was reasonably effective, and that the district court failed to give proper deference to earlier...

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