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ARCHULETA v. KERBY

No. 87-2117.

864 F.2d 709 (1989)

Michael ARCHULETA, Petitioner-Appellant, v. Dareld KERBY, Warden, Central, N.M. Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

January 3, 1989.

Attorney(s) appearing for the Case

Stephen P. McCue, Asst. Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

William McEuen, Asst. Atty. Gen. (Hal Stratton, Atty. Gen., with him on the brief), Santa Fe, N.M., for respondent-appellee.

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

EBEL, Circuit Judge.

Michael Archuleta appeals from an order of the United States District Court for the District of New Mexico denying his petition for a writ of habeas corpus. The issue on appeal is whether his due process rights were violated by the introduction at his trial of testimony concerning a show-up identification in which he was shown to witnesses while he was handcuffed and seated in a police car and the introduction...

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