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DEVINE v. NEW MEXICO DEPT. OF CORRECTIONS

No. 87-2456.

866 F.2d 339 (1989)

Andrew James DEVINE, Petitioner-Appellant, v. NEW MEXICO DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

As Corrected on Denial of Rehearing February 22, 1989.

Attorney(s) appearing for the Case

Tova Indritz, Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

Katherine Zinn, Asst. Atty. Gen. (Hal Stratton, Atty. Gen., with her on the brief), Santa Fe, N.M., for respondent-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR and EBEL, Circuit Judges.

SEYMOUR, Circuit Judge.

Petitioner Andrew James Devine, currently serving a life sentence in New Mexico for first degree murder, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 (1982), claiming that the state unconstitutionally delayed his eligibility for parole after he committed the crime. The district court denied his petition, and Devine appeals. We conclude that the New Mexico Supreme Court violated the due process clause of the Fourteenth...

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