Legal Opinion

Lee Roy Ortiz v. J. E. Baker, Warden

Court of Appeals for the Tenth Circuit

Decided May 26, 1969No. 10125_1PublishedCited by 11 opinions

1Per curiam

The appellant, a state prisoner, contends that the district court erred in denying habeas relief without an evi-dentiary hearing. At a pre-Miranda jury trial in a New Mexico state court, he was found guilty of first-degree murder and sentenced to life imprisonment. The conviction was affirmed by the New Mexico Supreme Court. State v. Ortiz, 77 N.M. 316, 422 P.2d 355.

A confession was introduced at the state trial. Prior to its introduction, the state court held a hearing out of the presence of the jury to determine its admissibility. The defense called two doctors, one of whom was a…

2Cases cited5 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Larry G. Linebarger v. State of Oklahoma and Ray H. Page, WardenCourt of Appeals for the Tenth Circuit · 1969
  3. Darrell Devere Poulson v. John W. Turner, WardenCourt of Appeals for the Tenth Circuit · 1966
  4. Dennis Maxwell v. John W. Turner, Warden, Utah State PrisonCourt of Appeals for the Tenth Circuit · 1969
  5. State v. OrtizNew Mexico Supreme Court · 1967

3Cited by11 opinions

  1. Weldon Kelley Lorraine v. United States of AmericaCourt of Appeals for the Tenth Circuit · 1971
  2. Davis v. GreerCourt of Appeals for the Seventh Circuit · 1982
  3. Riley I. Gillihan v. Felix Rodriguez, Warden, New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1977
  4. Robinson v. WolffDistrict Court, D. Nebraska · 1972
  5. Lewis v. OklahomaDistrict Court, W.D. Oklahoma · 1969

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