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State Habeas Petitioner's Claims Rejected

By Shari Allison

Sandoval v. Ulibarri, -- F. 3d --, 2008 WL 4966218 (10th Cir. 11/24/08) - a rejection of various § 2254 claims re: NM convictions of aggravated battery and shooting at a vehicle. Mr. Sandoval did not establish that he was prejudiced by counsel's failure to follow rules re: pretrial disclosure of dr. expert's PTSD testimony, which resulted in state court's limitation of that testimony to PTSD generally and exclusion of testimony about how PTSD contributed to Sandoval's offense behavior. Sandoval's trial testimony was not entirely consistent with the PTSD theory. Confrontation claim re: admission of victim's preliminary hearing testimony was waived in state court by defense admission that state made reasonable effort to locate witness it said was unavailable at trial...continue to full post

Full post as published by Tenth Circuit Blog on November 25, 2008 (boomark / email).