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GRAHAM v. WILSON

No. 86-2500.

828 F.2d 656 (1987)

Otto GRAHAM, Petitioner-Appellee, v. William WILSON, Superintendent of the Centennial Correctional Facility, and Duane L. Woodard, Attorney General of the State of Colorado, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

September 17, 1987.

Attorney(s) appearing for the Case

Virginia Byrnes Horton, Asst. Atty. Gen., Appellate Section (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., with her on the briefs), Office of the Atty. Gen., Denver, Colo., for respondents-appellants.

Vicki Mandell-King, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, Colo., for petitioner-appellee.

Before LOGAN, McWILLIAMS, and ANDERSON, Circuit Judges.

LOGAN, Circuit Judge.

In this appeal we review the district court's, 645 F.Supp. 664, grant of a petition for writ of habeas corpus under 28 U.S.C. § 2254.

Otto Graham was convicted in 1981 in the district court of El Paso County, Colorado, of nine counts of aggravated robbery, three counts of first degree sexual assault, one count of third degree sexual assault, one count of aggravated motor vehicle theft, and three...

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