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HARVEY v. SHILLINGER

No. 95-8011.

76 F.3d 1528 (1996)

Jetty Lee HARVEY, Petitioner-Appellant, v. Duane SHILLINGER, Warden, Wyoming State Penitentiary; Attorney General of the State of Wyoming, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

February 26, 1996.

Attorney(s) appearing for the Case

Mary Beth Wolff (William U. Hill, Attorney General with her on the briefs), Special Assistant Attorney General, Cheyenne, Wyoming, for appellees.

Howard A. Pincus (Michael G. Katz, Federal Public Defender with him on the briefs), Assistant Federal Public Defender, Denver, Colorado, for appellant.

Before KELLY, BARRETT and JONES, Circuit Judges.

BARRETT, Senior Circuit Judge.

Jetty Lee Harvey (Harvey) appeals from the district court's order of February 1, 1995, Harvey v. Shillinger, 893 F.Supp. 1021 (D.Wyo.1995) (Harvey III), dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.

Facts

On January 9, 1986, Harvey and two others were charged in the District Court, Third Judicial District, Sweetwater...

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