McGEE v. CRIST

No. 83-1711.

739 F.2d 505 (1984)

James T. McGEE, Jr., Petitioner-Appellant, v. Roger CRIST, Secretary of Corrections Department, and Joe V. Gutierrez, Warden, Central New Mexico Correctional Facility and Attorney General, State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

July 16, 1984.


Attorney(s) appearing for the Case

Roger Bargas, Bargas & Zvolanek, Albuquerque, N.M., for petitioner-appellant.

Paul Bardacke, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, N.M., for respondents-appellees.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

This present case is a collateral attack against a conviction which took place in New Mexico State Court. The ground is that the accused was denied effective assistance of counsel at his criminal trial, in violation of the sixth amendment of the United States Constitution. The action is brought pursuant to 28 U.S.C. § 2254.

The defendant McGee was convicted of two counts of attempted murder in the first degree, one count...

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