Legal Opinion

Fitzpatrick v. Ninth Judicial District Court

District Court, D. New Mexico

Decided January 14, 2020No. 1:18-cv-00794Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO __________________________ JAMES FITZPATRICK, Plaintiff, v. No. 18-cv-0794 WJ/CG NINTH JUDICIAL DISTRICT COURT, et al, Defendants. MEMORANDUM OPINION AND ORDER This matter comes before the Court on James Fitzpatrick’s Amended

28 U.S.C. § 2254

Habeas Petition (Doc. 4). Fitzpatrick argues his state murder sentence is excessive. Having reviewed the matter sua sponte under Habeas Corpus Rule 4, the Court will dismiss the Petition as meritless. Background This case arises from a fatal shooting in 2010. Fitzpatrick contends he…

2Cases cited6 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Bordenkircher v. HayesSupreme Court of the United States · 1978
  3. Castro v. United StatesSupreme Court of the United States · 2003
  4. United States v. AhidleyCourt of Appeals for the Tenth Circuit · 2007
  5. Dennis v. PoppelCourt of Appeals for the Tenth Circuit · 2000

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