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NEWMILLER v. RAEMISCH

No. 16-1396.

877 F.3d 1178 (2017)

Todd NEWMILLER, Petitioner-Appellant, v. Rick RAEMISCH, Executive Director, Colorado Department of Corrections; Cynthia Coffman, Attorney General, State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED December 18, 2017.

Attorney(s) appearing for the Case

Gail K. Johnson , Johnson, Brennan & Klein, PLLC, Boulder, Colorado, for Petitioner-Appellant.

Ryan A. Crane , Senior Assistant Attorney General, Criminal Appeals Section ( Cynthia H. Coffman , Attorney General, with him on the brief), Office of the Colorado Attorney General, Denver, Colorado, for Respondents-Appellees.

Before TYMKOVICH, Chief Judge, SEYMOUR, and McHUGH, Circuit Judges.

The genesis of this appeal is a murder committed during an altercation outside a strip club in Colorado Springs, Colorado. Petitioner Todd Newmiller and several of his friends went to the club to celebrate Mr. Newmiller's birthday. After leaving the club, they had a fight with another group of men, during which Mr. Newmiller...

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