No. 05-2129.

527 F.3d 1010 (2008)

Gordon HOUSE, Petitioner-Appellant, v. Tim HATCH, Warden, Guadalupe County Correctional Facility, and Attorney General for the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 6, 2008.

Attorney(s) appearing for the Case

William J. Friedman, Esq., Covington & Burling, Washington, D.C., for Petitioner-Appellant.

Steven S. Suttle, Assistant Attorney General, State of New Mexico (Patricia A. Madrid, Attorney General, State of New Mexico, with him on the brief), Albuquerque, NM, for Respondents-Appellees.

Before MURPHY, Circuit Judge, BRORBY, Senior Circuit Judge, and HOLMES, Circuit Judge.

HOLMES, Circuit Judge.

Petitioner-Appellant Gordon House, a member of the Navajo nation, was convicted in Doña Ana County, New Mexico, of driving while intoxicated, vehicular homicide, and various other charges stemming from a tragic automobile accident. After exhausting his appeals in the New Mexico state courts, Mr. House filed a petition for habeas relief in the United States District Court for the District of New...

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