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  • Frank B. Lucero v. Wayne K. Patterson, Warden, Colorado State Penitentiary, 456 F.2d 686, 10th Cir. (1972)

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    Frank Lucero appealed the denial of his habeas corpus petition challenging his state court conviction. In a per curiam opinion, the Tenth Circuit Court of Appeals affirmed the district court's denial of Lucero's petition. The Court of Appeals granted the state's motion to affirm, finding the district court's reasons for denying habeas corpus relief correct after thoroughly reviewing the case files and records.

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    Filed: 1972-04-07 Precedential Status: Precedential Citations: 456 F.2d 686 Docket: 72-1133

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    Frank Lucero appealed the denial of his habeas corpus petition challenging his state court conviction. In a per curiam opinion, the Tenth Circuit Court of Appeals affirmed the district court's denial of Lucero's petition. The Court of Appeals granted the state's motion to affirm, finding the district court's reasons for denying habeas corpus relief correct after thoroughly reviewing the case files and records.

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    6 views1 page

    Frank B. Lucero v. Wayne K. Patterson, Warden, Colorado State Penitentiary, 456 F.2d 686, 10th Cir. (1972)

    Uploaded by

    Scribd Government Docs
    Frank Lucero appealed the denial of his habeas corpus petition challenging his state court conviction. In a per curiam opinion, the Tenth Circuit Court of Appeals affirmed the district court's denial of Lucero's petition. The Court of Appeals granted the state's motion to affirm, finding the district court's reasons for denying habeas corpus relief correct after thoroughly reviewing the case files and records.

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    of 1

    456 F.

    2d 686

    Frank B. LUCERO, Petitioner-Appellant,


    v.
    Wayne K. PATTERSON, Warden, Colorado State
    Penitentiary,
    Respondent-Appellee.
    No. 72-1133.

    United States Court of Appeals,


    Tenth Circuit.
    April 7, 1972.

    Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., and
    Aurel M. Kelly, Asst. Atty. Gen., for appellee.
    Charles T. Flett, Arvada, Colo., for appellant.
    Before LEWIS, Chief Judge, and PICKETT and DOYLE, Circuit Judges.
    PER CURIAM.

    Upon initial screening this case was assigned to the summary calendar and
    notice was sent to the appellant. In addition, the appellee thereafter filed a
    motion to affirm which has been opposed by Lucero's attorney in a
    memorandum addressing the underlying merits. Nevertheless, we have now
    carefully and thoroughly reviewed the files and records in this case and are
    convinced that the judgment of the district court is correct.

    Accordingly, the motion to affirm is granted and the judgment is affirmed for
    the reasons stated by the district court, reported at 335 F.Supp. 93
    (D.C.Colo.1971).

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