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NEELY v. NEWTON

No. 97-2161.

149 F.3d 1074 (1998)

Judith Ann NEELY, Petitioner-Appellant, v. Tom NEWTON, Warden; Attorney General for the State of New Mexico, Respondents-Appellees,

United States Court of Appeals, Tenth Circuit.

June 24, 1998.

Attorney(s) appearing for the Case

Thomas B. Jameson, Assistant Federal Public Defender, Albuquerque, NM, for Petitioner-Appellant.

Patricia A. Gandert, Assistant Attorney General (Tom Udall, Attorney General, Elizabeth Blaisdell, Assistant Attorney General, Santa Fe, New Mexico, with her on the brief), for Respondents-Appellees.

Before PORFILIO, LOGAN and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Petitioner Judith Neely appeals from the district court's dismissal of her federal habeas corpus petition, brought pursuant to 28 U.S.C. § 2254, following her convictions, sentencing, and appeal in New Mexico state courts. A jury found Neely guilty but mentally ill ("GBMI") of first-degree murder, three counts of attempted murder, and two counts of aggravated battery. On appeal, Neely asserts (1) New Mexico's GBMI statute deprives a mentally...

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