Herrera v. Lemaster

SEYMOUR, Chief Judge.

Petitioner appeals the district court’s denial of habeas relief, see 28 U.S.C. § 2254, from his New Mexico convictions for first degree murder and aggravated assault with a firearm. We granted petitioner’s request for the issuance of a certificate of appealability, see id. § 2253(c), on his claim that the New Mexico Supreme Court erred in determining that the trial court’s admission of evidence seized in violation of the Fourth Amendment was harmless error, see State v. Herrera, 102 N.M. 254, 694 P.2d 510, 514 (1985). 1 On appeal, petitioner contends the district court…