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    Mike Ortiz v. Harold A. Cox, Warden, New Mexico State Penitentiary, 338 F.2d 1017, 10th Cir. (1964)

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    The United States Court of Appeals for the Tenth Circuit affirmed the decision of the New Mexico Federal District Court to deny Mike Ortiz's successive habeas corpus petition challenging the validity of his state sentence. The District Court had allowed Ortiz to proceed in forma pauperis but found after examining the petition and court records, including a prior petition, that this new petition did not raise any new grounds for relief not already presented and rejected in a previous case. The Tenth Circuit affirmed the District Court's judgment upon considering the record and hearing oral arguments from appointed counsel for Ortiz.

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    Mike Ortiz v. Harold A. Cox, Warden, New Mexico State Penitentiary, 338 F.2d 1017, 10th Cir. (1964)

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    The United States Court of Appeals for the Tenth Circuit affirmed the decision of the New Mexico Federal District Court to deny Mike Ortiz's successive habeas corpus petition challenging the validity of his state sentence. The District Court had allowed Ortiz to proceed in forma pauperis but found after examining the petition and court records, including a prior petition, that this new petition did not raise any new grounds for relief not already presented and rejected in a previous case. The Tenth Circuit affirmed the District Court's judgment upon considering the record and hearing oral arguments from appointed counsel for Ortiz.

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    Filed: 1964-12-08 Precedential Status: Precedential Citations: 338 F.2d 1017 Docket: 7849

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    The United States Court of Appeals for the Tenth Circuit affirmed the decision of the New Mexico Federal District Court to deny Mike Ortiz's successive habeas corpus petition challenging the validity of his state sentence. The District Court had allowed Ortiz to proceed in forma pauperis but found after examining the petition and court records, including a prior petition, that this new petition did not raise any new grounds for relief not already presented and rejected in a previous case. The Tenth Circuit affirmed the District Court's judgment upon considering the record and hearing oral arguments from appointed counsel for Ortiz.

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    Mike Ortiz v. Harold A. Cox, Warden, New Mexico State Penitentiary, 338 F.2d 1017, 10th Cir. (1964)

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    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit affirmed the decision of the New Mexico Federal District Court to deny Mike Ortiz's successive habeas corpus petition challenging the validity of his state sentence. The District Court had allowed Ortiz to proceed in forma pauperis but found after examining the petition and court records, including a prior petition, that this new petition did not raise any new grounds for relief not already presented and rejected in a previous case. The Tenth Circuit affirmed the District Court's judgment upon considering the record and hearing oral arguments from appointed counsel for Ortiz.

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    338 F.

    2d 1017

    Mike ORTIZ, Appellant,


    v.
    Harold A. COX, Warden, New Mexico State Penitentiary,
    Appellee.
    No. 7849.

    United States Court of Appeals Tenth Circuit.


    Dec. 8, 1964.

    Jerry D. Sokolosky, Oklahoma City, Okl., for appellant.


    L. D. Harris, Sp. Asst. Atty. Gen., for appellee.
    Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit
    Judges.
    PER CURIAM.

    This is a sucessive application to the New Mexico Federal Court attacking the
    validity of the petitioner's State sentence. The trial Court allowed the petitioner
    to proceed in forma pauperis and upon examining the petition and the records
    of the Court, particularly the record in cause No. 4046, found that this petition
    raised no new grounds for relief not presented and adversely decided against
    the petitioner in cause No. 4046, entitled Ortis v. Woodruff.

    The case was brought here on probable cause, and counsel was appointed to
    represent the petitioner. Upon consideration of the record and oral argument of
    counsel, the judgment of the trial Court is affirmed.

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