SMITH v. SECRETARY DEPT. OF CORRECTIONS

No. 93-2218.

50 F.3d 801 (1995)

William SMITH, Petitioner-Appellant, v. SECRETARY OF NEW MEXICO DEPARTMENT OF CORRECTIONS; Derald Kerby, Warden, Central New Mexico Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

March 7, 1995.


Attorney(s) appearing for the Case

Stephen P. McCue, Federal Public Defender, Albuquerque, NM, for petitioner-appellant.

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

Before BRORBY, LOGAN and EBEL, Circuit Judges.


BRORBY, Circuit Judge.

Petitioner-appellant William J. Smith appeals the district court's order denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Mr. Smith's primary basis for requesting relief from his two 1978 first degree murder convictions in New Mexico state court, and his corresponding consecutive life sentences, is the prosecution improperly withheld material exculpatory evidence in violation of Brady v. Maryland, ...

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