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DODSON v. ZELEZ

No. 88-2875.

917 F.2d 1250 (1990)

Alvin W. DODSON, Jr., Petitioner-Appellant, v. Colonel Gordon N. ZELEZ, Commandant, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

October 23, 1990.

Attorney(s) appearing for the Case

Kathleen J. Purcell of Remcho, Johansen & Purcell, San Francisco, Cal. (Joseph Remcho and Martin Buchanan of Remcho, Johansen & Purcell, San Francisco, Cal., and David J. Waxse of Shook, Hardy & Bacon, Overland Park, Kan., with her on the briefs), for petitioner-appellant.

Robert C. Barber, Captain, U.S. Marine Corp, Office of Judge Advocate General, Alexandria, Va. (Benjamin L. Burgess, Jr., U.S. Atty., and Alleen S. Castellani, Asst. U.S. Atty., D. Kan., on the brief), for respondent-appellee.

Before McKAY, ANDERSON and EBEL, Circuit Judges.

McKAY, Circuit Judge.

This case involves a military prisoner's petition for habeas corpus that was denied by the district court.

I. Facts

Defendant was one of three marines charged with attempted robbery, conspiracy to rob, premeditated murder, felony murder, and robbery in connection with events occurring on May 31, 1981 and June 1, 1981. Defendant's case was initially set to be heard on September 1, 1981. However, due to continuances sought by...

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