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MARTINEZ v. SULLIVAN

No. 87-1534.

881 F.2d 921 (1989)

Felix MARTINEZ, Petitioner-Appellant, v. George SULLIVAN, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 4, 1989.

Attorney(s) appearing for the Case

Peter Schoenburg, Asst. Federal Public Defender, Albuquerque, N.M. (Tova Indritz, Federal Public Defender, Albuquerque, N.M., was also on the brief), for petitioner-appellant.

Katherine Zinn, Asst. Atty. Gen., Santa Fe, N.M. (Hal Stratton, Atty. Gen., Santa Fe, N.M., was also on the brief), forrespondent-appellee.

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

HOLLOWAY, Chief Judge.

Petitioner Felix Martinez appeals from the district court's order dismissing his petition for a writ of habeas corpus. We affirm.

I

On the evening of August 1, 1981, Scott Thompson, a prisoner at Camp Sierra Blanca in New Mexico, was stabbed and beaten to death. Fellow prisoners Lujan, Sedillo, and petitioner Martinez were charged by the State of New Mexico with capital murder. Martinez was twice tried alone. Both trials resulted...

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