Theodore Ruark v. Frank Gunter, Gale A. Norton, Attorney General, of the State of Colorado

Petitioner-appellant Theodore Ruark appeals from the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition. In 1963, Petitioner was convicted in a Colorado state court of escape, aggravated robbery and assault with a deadly weapon. The Colorado Supreme Court affirmed the escape conviction on appeal but reversed the aggravated robbery and assault convictions. See Ruark v. People, 158 Colo. 287, 406 P.2d 91 (1965). Petitioner is still serving time for the escape conviction as well as numerous other offenses for which sentences were imposed to run consecutively. He now claims…