TRUJILLO v. SULLIVAN

No. 85-2093.

815 F.2d 597 (1987)

Jesse Joseph TRUJILLO, Petitioner-Appellant, v. George E. SULLIVAN, et al., Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

April 1, 1987.


Attorney(s) appearing for the Case

Peter Schoenburg, Asst. Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

Dale S. Morritz, Asst. Atty. Gen. (Paul Bardacke, Atty. Gen. for the State of New Mexico, with her on the brief), Santa Fe, N.M., for respondents-appellees.

Before McKAY, LOGAN and MOORE, Circuit Judges.


McKAY, Circuit Judge.

Jesse Trujillo appeals an order of the United States District Court for the District of New Mexico dismissing his petition for a writ of habeas corpus. Mr. Trujillo was convicted on two counts of first degree murder while imprisoned in the New Mexico State Penitentiary in the deaths of prisoner Bobby "Barbershop" Garcia and prison guard Louis Jewett. Though the State sought the death penalty, the jury could not unanimously agree to impose it...

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