United States Tenth Circuit

Denial of a petition for a writ of habeas corpus from a conviction for retaliating against a witness is reversed and relief granted where the state failed to introduce at trial sufficient evidence to establish that defendant's threatening letter was retaliation for the witness's providing information relating to a felony, as opposed to a misdemeanor.

Appellate Information

• Decided 09/12/2006
• Published 09/13/2006

Judges

• HARTZ, Circuit Judge., Before LUCERO, HARTZ, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Susan Dunleavy, Federal Public Defender, Albuquerque, NM, for Petitioner-Appellant.


• For Appellees:
  
• Steven S. Suttle, Assistant Attorney General (Patricia A. Madrid, Attorney General, and Arthur W. Pepin, Assistant Attorney General, on the brief), Santa Fe, NM, for Respondents-Appellees.