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VALDEZ v. GUNTER

No. 92-1052.

988 F.2d 91 (1993)

Lloyd Louis VALDEZ, Petitioner-Appellee, v. Frank GUNTER, Executive Director (DOC); Gale A. Norton, Attorney General of the State of Colorado, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 6, 1993.

Attorney(s) appearing for the Case

Lloyd Louis Valdez, 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., Robert M. Petrusak, Asst. Atty. Gen., Appellate Section, Denver, CO, for respondents-appellants.

Before LOGAN and MOORE, Circuit Judges, and LUNGSTRUM, District Judge.

LOGAN, Circuit Judge.

Respondents Frank Gunter, Executive Director of the Colorado Department of Corrections, and Gale A. Norton, Attorney General of Colorado, appeal the district court's order granting petitioner Lloyd Louis Valdez' petition for a writ of habeas corpus and vacating his state court conviction. Valdez v. Gunter, 782 F.Supp. 99 (D.Colo.1992). The district court determined that petitioner's due process rights...

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