Legal Opinion
O.C. Chick Fero v. Dareld Kerby
Court of Appeals for the Tenth Circuit
Decided October 28, 1994No. 93-2201PublishedCited by 127 opinions
1Opinion of the Court
HOLLOWAY, Circuit Judge.
Petitioner Fero appeals from an order of the United States District Court for the District of New Mexico, dismissing with prejudice his habeas corpus petition brought pursuant to 28 U.S.C. § 2254 against respondent Kerby, Warden of the Central New Mexico Correctional Facility.
I
Background
On June 20, 1985, Fero was convicted of first degree murder by a New Mexico state jury. This conviction was affirmed by the New Mexico Supreme Court in February 1987 after a direct appeal. See State v. Fero, 105 N.M. 339, 732 P.2d 866 (1987) (Fero I). A subsequent motion for a new trial…
2Cases cited56 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Estelle v. McGuireSupreme Court of the United States · 1991
- United States v. BagleySupreme Court of the United States · 1985
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
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3Cited by127 opinions
- Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
- Phelps v. HamiltonCourt of Appeals for the Tenth Circuit · 1997
- Grant v. RoyalCourt of Appeals for the Tenth Circuit · 2018
- John W. Duvall v. Dan ReynoldsCourt of Appeals for the Tenth Circuit · 1998
- Van Woudenberg Ex Rel. Foor v. GibsonCourt of Appeals for the Tenth Circuit · 2000
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