Alberto Lopez, Jr. v. O.L. McCotter

SETH, Circuit Judge.

The Secretary of Corrections for the State of New Mexico, the respondent, appeals the district court’s order granting petitioner Alberto Lopez’s petition for writ of habeas corpus. Because Mr. Lopez was entitled to have the jury consider his defense of bail bondsman’s privilege with respect to the charges against him for attempted aggravated burglary and aggravated assault on Antonio Ojinaga, we affirm the district court’s grant of habeas corpus with respect to those charges. We reverse the district court’s grant of habeas corpus insofar as it concerns Mr. Lopez’s…