SMITH

v.

KEET, JUDGE

Citator

Cited By

• Hunter v. State OF NEW Mexico, 916 F.2d 595 (10th Cir. 1990)
  …mation was deficient in failing to identify specific dates for the crimes alleged and do not find it persuasive. See United States v. Nunez, 668 F. 2d 10, 12 (1st Cir.1981); State v. Carr, 95 N.M. 755, 626 P. 2d 292, 306 (N.M.Ct.App.), cert. denied, 454 U.S. 853, 102 S.Ct. 298, 70 L.Ed.2d 145 (1981). Likewise, we do not find Hunter’s other ineffective assistance of counsel claims persuasive. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). Therefore, the convicti…
• Crick v. Smith, 729 F.2d 1038 (6th Cir. 1984)
  …t remanding for further findings, see Bingham v. Commonwealth, 550 S.W. 2d 535 (Ky.1977), this court should have done similarly on the first appeal. A similar claim was rejected in White v. Sowders, 644 F. 2d 1177, 1185 (6th Cir.1980), cert. denied, 454 U.S. 853, 102 S.Ct. 299, 70 L.Ed.2d 146 (1981), on the ground that the argument confused the types of relief available under supervisory power in direct state appeals and the kinds of relief available in federal habeas corpus actions to remedy constitutional…
• Kelley v. Kaiser, 992 F.2d 1509 (10th Cir. 1993)
  …nder these circumstances, we conclude that the proper procedure is to remand the case to the district court for the purpose of holding an evidentia-ry hearing in that court. See White v. Sowders, 644 F. 2d 1177, 1184-85 (6th Cir.1980), cert. denied, 454 U.S. 853, 102 S.Ct. 299, 70 L.Ed.2d 146 (1981). The district court should assess the evidence in light of the factors set out in Sherfield, see n. 5 supra, in determining whether Mr. Kelley would have been certified as an adult in 1965. REVERSED and REMAND…