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CASE v. MONDRAGON

Nos. 88-1685, 88-1748.

887 F.2d 1388 (1989)

Carl Edwin CASE, Petitioner-Appellee, Cross-Appellant, v. Eloy MONDRAGON, Warden, Southern New Mexico Correctional Facility, Respondent-Appellant, Cross-Appellee, and Attorney General of the State of New Mexico, Respondent.

United States Court of Appeals, Tenth Circuit.

October 25, 1989.

Attorney(s) appearing for the Case

Peter Schoenburg, Asst. Federal Defender, Albuquerque, N.M., for petitioner-appellee, cross-appellant.

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

Before LOGAN, SETH and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Petitioner, Carl Edwin Case, was tried in state court and convicted on a jury verdict of felony murder and criminal sexual penetration in the first degree. Following an unsuccessful state appeal1 Case sought federal habeas relief. The district court conditionally granted Case's petition on one ground, and denied relief on another. Both parties have appealed.

The issue upon which Case prevailed...

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