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Legal Opinion

Jim Dean Barton v. Clyde Malley, Warden and Santos Quintana, Director Field Services Division, New Mexico Department of Corrections

Court of Appeals for the Tenth Circuit

Decided July 16, 1980No. 78-1531PublishedCited by 28 opinions

1Opinion of the Court

BARRETT, Circuit Judge.

Jim Dean Barton (Barton) appeals the dismissal with prejudice of his petition for writ of habeas corpus. Barton is presently incarcerated in the New Mexico State Penitentiary. Exhaustion of available state remedies is not at issue.

Barton was originally convicted of armed robbery by a New Mexico state court in November, 1965. Prior to sentencing, he escaped from the San Juan County, New Mexico, jail. After his recapture, Barton was sentenced to confinement in the state penitentiary for a period of not less than ten years nor more than fifty years on the armed robbery…

2Cases cited42 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  5. Gagnon v. ScarpelliSupreme Court of the United States · 1973

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3Cited by28 opinions

  1. E & T Realty v. StricklandCourt of Appeals for the Eleventh Circuit · 1987
  2. United States v. Carroll SamaraCourt of Appeals for the Tenth Circuit · 1981
  3. State Ex Rel. Murray v. PalmgrenSupreme Court of Kansas · 1982
  4. United States v. Eloy SalazarCourt of Appeals for the Tenth Circuit · 1983
  5. United States v. Gary A. RickmanCourt of Appeals for the Tenth Circuit · 1980

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