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HERRERA v. LEMASTER

No. 98-2060.

225 F.3d 1176 (2000)

Ruben HERRERA, Petitioner-Appellant, v. Tim LEMASTER, Warden, New Mexico State Penitentiary; Attorney General for the State of New Mexico, Respondents-Appellees,

United States Court of Appeals, Tenth Circuit.

September 14, 2000.

Attorney(s) appearing for the Case

Peter Schoenburg, of Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, LLP, Albuquerque, New Mexico, for the Petitioner-Appellant.

Patricia Gandert, Assistant Attorney General (Patricia A. Madrid, Attorney General, Albuquerque, New Mexico, with her on the briefs), Santa Fe, New Mexico, for Respondents-Appellees.

Before SEYMOUR, Chief Judge, ANDERSON and HENRY, Circuit Judges.

SEYMOUR, Chief Judge.

Petitioner appeals the district court's denial of habeas relief, see 28 U.S.C. § 2254, from his New Mexico convictions for first degree murder and aggravated assault with a firearm. We granted petitioner's request for the issuance of a certificate of appealability, see id. § 2253(c), on his claim that the New Mexico Supreme Court erred in determining that the trial court's admission of evidence seized in violation of the...

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