John Bizup, Jr. v. Harry C. Tinsley, Warden of the Colorado State Penitentiary

HILL, Circuit Judge.

Appellant Bizup was tried and convicted in the state court for the crime of murder, and the jury assessed the death penalty. Upon appeal to the Colorado Supreme Court, the conviction was affirmed, 1 and the United States Supreme Court denied a petition for certiorari from that decision. 2 This action, to obtain a writ of habeas corpus, was thereafter filed in the United States District Court for the District of Colorado, with the Warden of the Colorado State Penitentiary, in whose custody appellant is now held, as the respondent. The court below denied the writ 3 and this…