MARTINEZ

v.

TANSY, WARDEN

Citator

Cited By

• United States v. Onofre R. Gallegos, 975 F.2d 710 (10th Cir. 1992)
  …ny in this trial. Assuming without deciding that law partners should be considered as one lawyer, Burger v. Kemp, 483 U.S. 776, 783, 107 S.Ct. 3114, 3120, 97 L.Ed.2d 638 (1987); Martinez v. Sullivan, 881 F. 2d 921, 930 (10th Cir.1989), cert. denied, 493 U.S. 1029, 110 S.Ct. 740, 107 L.Ed.2d 758 (1990), a defendant is entitled to a presumption of prejudice if he can prove that his lawyer “ ‘actively represented conflicting interests’ and ‘that an actual conflict of interest affected his lawyer’s performance.’…
• Millard Dale Jennings v. Maynard, 946 F.2d 1502 (10th Cir. 1991)
  …a state court’s findings of fact in admitting an out-of-court statement pursuant to a state rule of evidence are subject to a presumption of correctness. See 28 U.S.C. § 2254(d)(8); Martinez v. Sullivan, 881 F. 2d 921 (10th Cir.1989), cert. denied, 493 U.S. 1029, 110 S.Ct. 740, 107 L.Ed.2d 758 (1990). The Supreme Court has held that to protect a criminal defendant’s Sixth Amend [*1505] ment and Fourteenth Amendment right to confront witnesses, hearsay evidence will be admitted against a defendant only if t…
• Thomas v. Gunter, 962 F.2d 1477 (10th Cir. 1992)
  …e child “medically unavailable” before allowing the tape into evidence. ' Unavailability for confrontation clause purposes is a mixed question of law and fact we review de novo. Martinez v. Sullivan, 881 F. 2d 921, 926 (10th Cir.1989), cert. denied, 493 U.S. 1029, 110 S.Ct. 740, 107 L.Ed.2d 758 (1990). Because the trial court’s findings on unavailability were the same findings required for the “public policy-necessity” prong under Craig, we will review this question de novo as well. See Thomas, 803 P. 2d at…