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EXLINE v. GUNTER

No. 91-1424.

985 F.2d 487 (1993)

Larry W. EXLINE, Petitioner-Appellee, v. Frank O. GUNTER, Executive Director, Colorado Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 23, 1993.

Attorney(s) appearing for the Case

John Daniel Dailey, Deputy Atty. Gen., Appellate Section, Denver, CO, (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., with him on brief), for respondent-appellant.

Andrew C. Heher, Deputy State Public Defender, Denver, CO, (David F. Vela, Colorado State Public Defender, with him on brief), for petitioner-appellee.

Before KELLY, and McWILLIAMS, Circuit Judges, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge.

In October, 1986, in the district court of El Paso County, Colorado, Larry Exline was convicted of one count of sexual assault on a child. The Colorado Court of Appeals affirmed his conviction, People v. Exline, 775 P.2d 48 (Colo.App.1988), and certiorari was denied by the Supreme Court of Colorado.

One of the issues presented in the state appeal was whether the state trial court...

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