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ELLIOTT v. WILLIAMS

No. 99-2254.

248 F.3d 1205 (2001)

Charles ELLIOTT, Petitioner-Appellant, v. Joe WILLIAMS, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

May 4, 2001.

Attorney(s) appearing for the Case

Benjamin Gonzales, Assistant Federal Public Defender (Stephen P. McCue, Federal Public Defender with him on the brief), Albuquerque, New Mexico, for Petitioner-Appellant.

Margaret McLean, Assistant Attorney General (Patricia A. Madrid, Attorney General with her on the brief), Santa Fe, New Mexico, for Respondent-Appellee.

Before SEYMOUR and MURPHY, Circuit Judges, and KANE, Senior District Judge.

KANE, District Judge.

This habeas appeal and request for certificate of appealability arises out of Petitioner Charles Elliott's New Mexico state court convictions for criminal sexual penetration and kidnaping of his then ex-wife, Toni Elliott. After Elliott's state court convictions were affirmed on direct appeal and the denial of his state application for post-conviction relief affirmed, Elliott filed a petition for writ of habeas corpus in federal district court...

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