ESNAULT v. PEOPLE OF STATE OF COLO.

No. 92-1171.

980 F.2d 1335 (1992)

Alvin D. ESNAULT, Petitioner-Appellant, v. PEOPLE of the STATE of COLORADO; Gale A. Norton, Attorney General of the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 25, 1992.


Attorney(s) appearing for the Case

Alvin D. Esnault, petitioner-appellant, pro se.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., and Clement P. Engle, Sr. Asst. Atty. Gen., for respondents-appellees.

Before MOORE, TACHA, and BRORBY, Circuit Judges.


TACHA, Circuit Judge.

Appellant Alvin D. Esnault appeals a district court order denying his petition for writ of habeas corpus under 28 U.S.C. § 2254(a).1 On appeal, Mr. Esnault claims a violation of his constitutional right to be present at an important stage of his trial which cannot be waived by counsel, and argues that the district court erred in finding that, although a constitutional violation occurred, it was harmless error...

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