[Download] "Ruark v. Gunter" by United States Court of Appeals for the Tenth Circuit ~ Book PDF Kindle ePub Free

eBook details

Title: Ruark v. Gunter
Author : United States Court of Appeals for the Tenth Circuit
Release Date : January 06, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

Description

Petitioner-appellant Theodore Ruark appeals from the district courts dismissal of his 28 U.S.C. 2254 habeas corpus petition. In 1963, Petitioner was convicted in a Colorado state court of escape, aggravated robbery and assault with a deadly weapon. The Colorado Supreme Court affirmed the escape conviction on appeal but reversed the aggravated robbery and assault convictions. See Ruark v. People, 158 Colo. 287, 406 P.2d 91 (Colo. 1965). Petitioner is still serving time for the escape conviction as well as numerous other offenses for which sentences were imposed to run consecutively. He now claims that he received ineffective assistance of counsel at the 1963 trial, but that he cannot adequately fashion a 2254 petition because the state has denied him access to a trial transcript. The district court dismissed the federal habeas petition, holding that defendant had not stated a constitutional claim. We affirm.