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MONTOYA v. VIGIL

No. 17-1106.

898 F.3d 1056 (2018)

Lawrence Rubin MONTOYA, Plaintiff-Appellee, v. Detective Martin E. VIGIL (Shield No. 86-12); Detective Michael Martinez (Shield No. 82-29); and Lieutenant Jonathan W. Priest (Shield No. 86-12), Defendants-Appellants, and City of County of Denver; and Officers John Doe, in their individual and official capacities, Defendants.

United States Court of Appeals, Tenth Circuit.

FILED August 7, 2018.

Attorney(s) appearing for the Case

Peter H. Doherty ( Leif O. Distad with him on the briefs), Lasatar & Martin, Highlands Ranch, Colorado, for Appellants.

Jane Fisher-Byrialsen , Fisher & Byrialsen, Denver, Colorado, for Appellee.

Before TYMKOVICH, Chief Judge, BRISCOE, and BACHARACH, Circuit Judges.

A jury convicted fourteen-year-old Lawrence Montoya for the New Year's Day murder of a teacher from his school. After serving over thirteen years in prison, Montoya brought post-conviction claims for ineffective assistance of counsel and actual innocence. The prosecution agreed...

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