TAPIA v. TANSY

No. 89-2209.

926 F.2d 1554 (1991)

Santiago TAPIA, Petitioner-Appellant, v. Robert TANSY, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 5, 1991.


Attorney(s) appearing for the Case

Tova Indritz, Federal Public Defender (Teresa E. Storch, Asst. Federal Public Defender, on the briefs), Albuquerque, N.M., for petitioner-appellant.

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

Before LOGAN, ANDERSON and EBEL, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

Santiago "Jimmy" Tapia ("Jimmy" or "Tapia") was convicted in New Mexico state court of second degree murder in the death of Jeffrey Stevers and aggravated battery of Sergio de la Rosa. After exhausting his appeals in state court with respect to issues raised here, Tapia filed for habeas relief in federal court pursuant to 28 U.S.C. § 2254, contending that: (1) the loss of the original preliminary hearing tapes violated his...

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