Moore v. Marr

LUCERO, Circuit Judge.

Stephen Moore was convicted in 1988 by a Colorado jury of first-degree assault, a crime of violence for stabbing, and one count of felony menacing for wielding a gun. He was sentenced to twenty-six years in prison. After exhausting his state court remedies, he sought habeas corpus relief in federal district court. The district court denied his request for habeas relief and also denied his request for a certificate of probable cause. Our jurisdiction is premised on 28 U.S.C. § 1291 and 28 U.S.C. § 2253. Although we grant Moore’s request for a certificate of appeal-ability…