MATTHEWS v. PRICE

No. 95-1171.

83 F.3d 328 (1996)

James Robert MATTHEWS, Petitioner-Appellant, v. William PRICE, Superintendent, AVCF; Gale Norton, Attorney General of the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 1, 1996.


Attorney(s) appearing for the Case

A. Thomas Elliott, Jr., Denver, Colorado, for Appellant.

Robert M. Petrusak, Senior Assistant Attorney General, Criminal Enforcement Section, Denver, Colorado (Gale A. Norton, Attorney General, Denver, Colorado, with him on the brief), for Appellees.

Before SEYMOUR, KELLY and MURPHY, Circuit Judges.


PAUL KELLY, Jr., Circuit Judge.

Mr. Matthews appeals from the district court's order denying his petition for writ of habeas corpus, 28 U.S.C. § 2254. Our jurisdiction arises pursuant to 28 U.S.C. §§ 1291 and 2253. We grant a certificate of probable cause, 28 U.S.C. § 2253, and affirm.

Background

Mr. Matthews was convicted of sexual assault upon two children, his stepdaughter, referred to as L., and his daughter, referred...

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