EWING v. WINANS

No. 83-1037.

749 F.2d 607 (1984)

James Edward EWING, Petitioner-Appellant, v. Harvey WINANS, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

November 30, 1984.


Attorney(s) appearing for the Case

Edwin Macy, Asst. Federal Public Defender, Albuquerque, N.M. (Tova Indritz, Federal Public Defender, Albuquerque, N.M., with him on briefs), for petitioner-appellant.

Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, N.M. (Paul Bardacke, Atty. Gen., Santa Fe, N.M., with him on brief), for respondent-appellee.

Before BARRETT, LOGAN and SEYMOUR, Circuit Judges.


BARRETT, Circuit Judge.

Petitioner below, James Edward Ewing (Ewing), appeals from the order of the district court, adopting the findings and recommendation of the United States Magistrate, and denying his writ of habeas corpus made pursuant to 28 U.S.C. § 2254.

Ewing was convicted in a New Mexico state court of second degree murder with firearm enhancement. He contended that he acted in self-defense. Ewing did not testify at the trial. The New Mexico...

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