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HOBDY v. RAEMISCH

No. 18-1047.

916 F.3d 863 (2019)

Christopher HOBDY, Petitioner-Appellee, v. Rick RAEMISCH, Executive Director, Colorado Department of Corrections; Phil Weiser, Attorney General for State of Colorado, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED February 19, 2019.

Attorney(s) appearing for the Case

Lisa K. Michaels , Assistant Attorney General ( Phil Weiser , Attorney General, with her on the briefs), Criminal Appeals Section, Office of the Attorney General for the State of Colorado, Denver, Colorado, appearing for Appellants.

Kathleen A. Lord , Lord Law Firm, LLC, Denver, Colorado, appearing for Appellee.

Before BRISCOE, HOLMES, and McHUGH, Circuit Judges.

Petitioner Christopher Hobdy, a Colorado state prisoner serving a lengthy sentence for first degree assault and aggravated robbery, filed an application for federal habeas relief pursuant to 28 U.S.C. § 2254. The district court granted Hobdy's application and ordered the State of Colorado to retry him within ninety days...

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