STEVENS v. ORTIZ

No. 05-1250.

465 F.3d 1229 (2006)

David P. STEVENS, Petitioner-Appellant, v. Joseph ORTIZ, Director, Colorado Department of Corrections; Rick Soares, Warden; and John Suthers, Attorney General, State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

October 18, 2006.


Attorney(s) appearing for the Case

Madeline S. Cohen, Assistant Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Denver, CO, for Petitioner-Appellant.

Laurie A. Booras, First Assistant Attorney General, Appellate Division, Criminal Justice Section (John W. Suthers, Attorney General, with her on the brief), State of Colorado, Denver, CO, for Respondents-Appellees.

Before HENRY, ANDERSON, and McCONNELL, Circuit Judges.


HENRY, Circuit Judge.

John Swiger stated in police custody that he shot and killed David Seiler under the orders of the Petitioner-Appellant David P. Stevens. At Mr. Stevens's state trial, Mr. Swiger did not testify, but his statement was admitted into evidence over Mr. Stevens's objection. A jury convicted Mr. Stevens of first-degree murder and other counts. On direct appeal, the Colorado Supreme Court concluded that the admission of Mr. Swiger's confession did not...

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