Bobbie J. Hamilton v. State of New Mexico

This is an appeal from an order of the district court denying appellant’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Upon conviction of assault, appellant Bobbie Hamilton applied for an appeal bond, which was denied by both the sentencing court and the state supreme court. Appellant then sought federal habeas corpus relief to assert that his constitutional right to bail had been denied. There is a direct appeal now pending in the state court.

The real issue is whether appellant has a claim which is cognizable by federal habeas corpus. A state prisoner has no absolute…