Filed: Jan. 10, 2011
Latest Update: Feb. 21, 2020
Summary: FILED United States Court of Appeals Tenth Circuit January 10, 2011 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT TIKILA WILLARD, Petitioner–Appellant, No. 10-2171 v. (D. New Mexico) ARLENE HICKSON; ATTORNEY (D.C. No. 10-CV-00063-WJ-LAM) GENERAL OF THE STATE OF NEW MEXICO, Respondents–Appellees. ORDER * Before KELLY, McKAY, and LUCERO, Circuit Judges. Petitioner seeks a certificate of appealability to appeal the district court’s denial of her 28 U.S.C. § 2254
Summary: FILED United States Court of Appeals Tenth Circuit January 10, 2011 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT TIKILA WILLARD, Petitioner–Appellant, No. 10-2171 v. (D. New Mexico) ARLENE HICKSON; ATTORNEY (D.C. No. 10-CV-00063-WJ-LAM) GENERAL OF THE STATE OF NEW MEXICO, Respondents–Appellees. ORDER * Before KELLY, McKAY, and LUCERO, Circuit Judges. Petitioner seeks a certificate of appealability to appeal the district court’s denial of her 28 U.S.C. § 2254 h..
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FILED
United States Court of Appeals
Tenth Circuit
January 10, 2011
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
TIKILA WILLARD,
Petitioner–Appellant, No. 10-2171
v. (D. New Mexico)
ARLENE HICKSON; ATTORNEY (D.C. No. 10-CV-00063-WJ-LAM)
GENERAL OF THE STATE OF NEW
MEXICO,
Respondents–Appellees.
ORDER *
Before KELLY, McKAY, and LUCERO, Circuit Judges.
Petitioner seeks a certificate of appealability to appeal the district court’s
denial of her 28 U.S.C. § 2254 habeas petition. Petitioner was convicted on state
drug charges and sentenced to a total of nineteen years in prison. After
unsuccessfully challenging her conviction and sentence in the state courts,
Petitioner filed the instant petition for federal habeas relief, in which she raised
claims of ineffective assistance of counsel, judicial bias, prosecutorial
*
This order is not binding precedent except under the doctrines of law of
the case, res judicata, and collateral estoppel. It may be cited, however, for its
persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
misconduct, and insufficiency of the evidence. The case was assigned to a
magistrate judge, who wrote a twenty-eight-page report and recommendation
concluding that federal habeas relief was not warranted on any of Petitioner’s
claims. After conducting a de novo review of the record, the district court
adopted the magistrate judge’s report and recommendation and dismissed the
case.
After carefully reviewing Petitioner’s filings and the record on appeal, we
conclude that reasonable jurists would not debate whether the district court erred
in dismissing the petition. See Slack v. McDaniel,
529 U.S. 473, 484 (2000). We
also conclude that reasonable jurists would not debate whether the court erred in
denying Petitioner’s request for an evidentiary hearing. Thus, for substantially
the same reasons stated by the magistrate judge and the district court, we DENY
the application for a certificate of appealability and DISMISS the appeal.
ENTERED FOR THE COURT
Monroe G. McKay
Circuit Judge
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