MAES v. THOMAS

No. 93-2237.

46 F.3d 979 (1995)

Eddie MAES, Petitioner/Appellant, v. John THOMAS, Warden; and Attorney General of the State of New Mexico, Respondents/Appellees.

United States Court of Appeals, Tenth Circuit.

January 23, 1995.


Attorney(s) appearing for the Case

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

Margaret E. McLean, Asst. Atty. Gen., Santa Fe, NM (Tom Udall, Atty. Gen., Santa Fe, NM, with her on the brief), for respondents/appellees.

Before MOORE and BARRETT, Circuit Judges, and ROGERS, Senior District Judge.


ROGERS, Senior District Judge.

Eddie Maes, a New Mexico state prisoner, appeals the district court's denial of his petition for habeas corpus brought pursuant to 28 U.S.C. § 2254. Maes was convicted of two counts of second degree murder and one count of felon-in-possession of a firearm. He raises three issues on appeal: (1) whether the trial court erred when it failed to instruct the jury on a "concerted attack" theory of self-defense;1

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