CHAPMAN v. LeMASTER

No. 01-2240.

302 F.3d 1189 (2002)

Richard CHAPMAN, 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 4, 2002.


Attorney(s) appearing for the Case

Stephen P. McCue, Federal Public Defender, Albuquerque, NM, for Appellant.

Martha Anne Kelly, Assistant Attorney General (Patricia A. Madrid, New Mexico Attorney General, with her on the brief), Albuquerque, NM, for Appellees.

Before MURPHY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and HARTZ, Circuit Judge.


MURPHY, Circuit Judge.

I. INTRODUCTION

Petitioner-appellant Richard Chapman appeals an order of the United States District Court for the District of New Mexico dismissing his 28 U.S.C. § 2254 habeas corpus petition with prejudice. After a jury trial in 1979, Chapman was convicted of felony murder and robbery and sentenced to life imprisonment. In his petition, Chapman argues that (1) the trial court's failure to instruct the jury about the dangerousness...

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