Eddie Maes v. John Thomas, Warden and Attorney General of the State of New Mexico

ROGERS, Senior District Judge.

Eddie Maes, a New Mexico state prisoner, appeals the district court’s denial of his petition for habeas corpus brought pursuant to 28 U.S.C. § 2254. Maes was convicted of two counts of second degree murder and one count of felon-in-possession of a firearm. He raises three issues on appeal: (1) whether the trial court erred when it failed to instruct the jury on a “concerted attack” theory of self-defense; 1 (2) whether the district court erred in holding that he had procedurally defaulted his claim that the trial court had erred in prohibiting, evidence that one…