SPITZWEISER-WITTGENSTEIN v. NEWTON

No. 92-2046.

978 F.2d 1195 (1992)

Herta SPITZWEISER-WITTGENSTEIN, Petitioner-Appellant, v. Tom NEWTON, Warden; Attorney General of the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 3, 1992.


Attorney(s) appearing for the Case

Tova Indritz, Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

Tom Udall, Atty. Gen., Patricia A. Gandert, Asst. Atty. Gen., Santa Fe, N.M., for respondents-appellees.

Before McKAY, Chief Judge, and BARRETT, Circuit Judge, and BRIMMER, District Judge.


McKAY, Chief Judge.

On January 13, 1987, petitioner pled guilty in the district court of Santa Fe County to one count of practicing medicine without a license, and two counts of fraud in excess of $2,500. The plea was entered on the scheduled trial date, one day after the trial court conducted an evidentiary hearing and adjudged petitioner competent. Following several unsuccessful attempts to withdraw her plea in the state courts, petitioner filed the instant petition...

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