LARSON v. TANSY

No. 88-2588.

911 F.2d 392 (1990)

George Earl LARSON, Petitioner-Appellant, v. Robert TANSY, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 10, 1990.


Attorney(s) appearing for the Case

Ann Steinmetz, Asst. Federal Defender, Albuquerque, N.M., for petitioner-appellant.

Hal Stratton, Atty. Gen. (Anthony Tupler, Asst. Atty. Gen., with him on the brief), Santa Fe, N.M., for respondent-appellee.

Before McKAY and SEYMOUR, Circuit Judges, and KANE, District Judge.


McKAY, Circuit Judge.

Defendant challenges his absence from the final portions of his trial including the jury instructions conference, jury instructions, closing arguments, and the rendering of the verdict.

I. Facts

On May 2, 1979, defendant was charged with criminal sexual penetration by a Bernalillo County, New Mexico, grand jury. Defendant pleaded not guilty. On June 28, 1979, defendant was found competent to stand trial. Prior to the competency...

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