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SAIZ v. ORTIZ

No. 03-1292.

392 F.3d 1166 (2004)

Peggy Sue SAIZ, Petitioner-Appellant, v. Joe ORTIZ, Executive Director of the Colorado Department of Corrections, and Ken Salazar, Attorney General of the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

December 21, 2004.

Attorney(s) appearing for the Case

Walter L. Gerash, Law Office of Walter L. Gerash, Denver, CO, for Petitioner-Appellant.

Michael J. Milne, Senior Deputy District Attorney (Robert S. Grant, District Attorney, and Steven L. Bernard, Assistant District Attorney, with him on the brief), Adams County District Attorney's Office, Brighton, CO, for Respondents-Appellees.

Before MURPHY, ANDERSON, and HARTZ, Circuit Judges.

STEPHEN H. ANDERSON, Senior Circuit Judge.

Peggy Sue Saiz was convicted of first-degree murder and sentenced to life imprisonment. Her conviction was affirmed on appeal. She then filed a federal habeas petition under 28 U.S.C. § 2254, which the federal district court granted. On appeal from that grant, we reversed and remanded the case to the district court to apply the correct standard of review under the Antiterrorism...

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