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FERO v. KERBY

No. 93-2201.

39 F.3d 1462 (1994)

O.C. Chick FERO, Petitioner-Appellant, v. Dareld KERBY, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

October 28, 1994.

Attorney(s) appearing for the Case

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

Gail MacQuesten, Asst. Atty. Gen. (Tom Udall, Atty. Gen., with her on the brief), Santa Fe, NM, for respondent-appellee.

Before HOLLOWAY and McKAY, Circuit Judges, and THEIS, District Judge.

HOLLOWAY, Circuit Judge.

Petitioner Fero appeals from an order of the United States District Court for the District of New Mexico, dismissing with prejudice his habeas corpus petition brought pursuant to 28 U.S.C. § 2254 against respondent Kerby, Warden of the Central New Mexico Correctional Facility.

I

Background

On June 20, 1985, Fero was convicted of first degree murder by a New Mexico state jury. This conviction was affirmed by...

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