HERRERA v. LEMASTER

No. 98-2060.

301 F.3d 1192 (2002)

Ruben R. 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.

August 23, 2002.


Attorney(s) appearing for the Case

Peter Schoenburg of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Frye, LLP, Albuquerque, NM, for the Petitioner-Appellant.

Patricia Gandert, Assistant Attorney General (Patricia A. Madrid, Attorney General, with her on the brief), Santa Fe, NM, for Respondents-Appellees.

Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, and O'BRIEN, Circuit Judges.


SEYMOUR, Circuit Judge.

Ruben Robert Herrera, a state prisoner, brought a petition for habeas corpus relief under 28 U.S.C. § 2254 claiming that his constitutional rights were violated by the admission at trial of illegally obtained evidence. The district court denied relief, holding that the state court's determination of harmless error was entitled to a presumption of correctness and, alternatively, that the error was harmless under Brecht v. Abrahamson...

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