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MANLOVE v. TANSY

Nos. 91-2156, 91-2157.

981 F.2d 473 (1992)

Lonnie K. MANLOVE, Petitioner-Appellee/Cross-Appellant, v. Robert J. TANSY, Warden for the New Mexico State Penitentiary, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 16, 1992.

Attorney(s) appearing for the Case

Peter Schoenburg, Chief Asst. Federal Public Defender, Albuquerque, NM, for petitioner-appellee/cross-appellant.

Tom Udall, Atty. Gen., Patricia Gandert, Asst. Atty. Gen., Santa Fe, NM, for respondent-appellant/cross-appellee.

Before LOGAN, EBEL, and KELLY, Circuit Judges.

EBEL, Circuit Judge.

Respondent Robert Tansy, Warden for the New Mexico State Penitentiary, appeals from an order granting petitioner Lonnie Manlove's petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Manlove cross appeals, challenging the rejection of one of the grounds for his petition. The dispositive issue is whether the district court erred in concluding that the denial of Manlove's request for a continuance of the trial to obtain...

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