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HERNANDEZ v. MONDRAGON

No. 86-2258.

824 F.2d 825 (1987)

Arturo HERNANDEZ, Petitioner-Appellant, v. Eloy MONDRAGON, Warden, and Attorney General, State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

July 28, 1987.

Attorney(s) appearing for the Case

Nicholas J. Noeding of Poole, Tinnin & Martin, P.C., Albuquerque, N.M. (J. Thomas Sullivan, Dallas, Texas, with him on the brief), for petitioner-appellant.

Charles H. Renwick, Asst. Atty. Gen. (Paul Bardacke, Atty. Gen., and Dale S. Morritz, Asst. Atty. Gen., on the brief), Santa Fe, N.M., for respondents-appellees.

Before LOGAN and SETH, Circuit Judges, and BOHANON, District Judge.

SETH, Circuit Judge.

This is a habeas corpus proceeding based on an asserted conflict of interest of petitioner's attorney. The United States District Court adopted the findings of the Magistrate to whom the matter had been referred and dismissed the petition. Petitioner Hernandez and a co-defendant, Adolfo Ramirez, were charged in New Mexico with armed robbery. The co-defendant represented by attorney Luis Juarez entered...

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