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MORRIS v. BURNETT

No. 01-1248.

319 F.3d 1254 (2003)

John Otis MORRIS, Petitioner-Appellee, v. Brian BURNETT, Acting Executive Director, Colorado Department of Corrections, and Attorney General of the State of Colorado, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

February 19, 2003.

Attorney(s) appearing for the Case

Clemmie Parker Engle, Senior Assistant Attorney General, Appellate Division, Criminal Justice Section (Ken Salazar, Attorney General, with her on the briefs), Denver, CO, for Respondents-Appellants.

Howard A. Pincus, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with him on the brief), Denver, CO, for Petitioner-Appellee.

Before MURPHY, McWILLIAMS, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

The United States District Court for the District of Colorado granted Petitioner John Morris's application for a writ of habeas corpus under 28 U.S.C. § 2254, ruling that the state court violated Petitioner's constitutional right to present a "cogent defense" during his trial for sexual assault on a child. Respondents appeal. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and Fed. R.App. P. 4. We reverse.

The sexual...

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