TOVAR MENDOZA v. HATCH

No. 09-2145.

620 F.3d 1261 (2010)

Carlos TOVAR MENDOZA, Petitioner-Appellant, v. Timothy HATCH, Warden; Erasmo Bravo, Warden, Guadalupe Correctional Center; Attorney General for the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

October 12, 2010.


Attorney(s) appearing for the Case

Kari Converse , Assistant Federal Public Defender, ( Alonzo J. Padilla , Assistant Federal Public Defender, with her on the briefs), Office of Federal Public Defender, Albuquerque, NM, for Petitioner-Appellant.

Margaret McLean , Assistant Attorney General ( Gary K. King , Attorney General, with her on the brief), Santa Fe, NM, for Respondents-Appellees.

Before BRISCOE, Chief Judge, HOLLOWAY, Circuit Judge, MELGREN, District Judge.


BRISCOE, Chief Judge.

Petitioner Carlos Tovar Mendoza (Tovar), a New Mexico state prisoner, appeals from the district court's denial of his 28 U.S.C. § 2254 habeas petition. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we reverse the judgment of the district court and remand with instructions to conditionally grant Tovar's petition, subject to the State of New Mexico allowing Tovar to withdraw his no contest...

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