Charles Arthur Pote v. Duane Shillinger, Attorney General of the State of Wyoming

Tenth Circuit

Charles Arthur Pote v. Duane Shillinger, Attorney General of the State of Wyoming

35 F.3d 574, 1994 U.S. App. LEXIS 32436, 1994 WL 468090

CourtCourt of Appeals for the Tenth Circuit

DecidedAugust 29, 1994

Docket92-8047

StatusPublished

This text of 35 F.3d 574 (Charles Arthur Pote v. Duane Shillinger, Attorney General of the State of Wyoming) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Charles Arthur Pote v. Duane Shillinger, Attorney General of the State of Wyoming, 35 F.3d 574, 1994 U.S. App. LEXIS 32436, 1994 WL 468090 (10th Cir. 1994).

Pincite

Opinion

35 F.3d 574

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

Charles Arthur POTE, Petitioner-Appellant,
v.
Duane SHILLINGER, Attorney General of the State of Wyoming,
Respondent-Appellee.

No. 92-8047.

United States Court of Appeals, Tenth Circuit.

Aug. 29, 1994.

ORDER AND JUDGMENT1

Before LOGAN and McKAY, Circuit Judges, and MATSCH,2 Chief District Judge.

Charles Arthur Pote appeals from the district court's denial of his petition for habeas corpus brought pursuant to 28 U.S.C. 2254.3 Mr. Pote was convicted on seven counts, including aiding and abetting second degree murder and attempted first degree murder of a police officer, arising out of his involvement in a shoot-out at a Wyoming bar. On appeal, Mr. Pote raises five instances of alleged error. After reviewing the briefs of the parties and the record on appeal, we AFFIRM for substantially the reasons given by the district court in its Order of July 13, 1990, dismissing in part Mr. Pote's petition for habeas corpus, and its Order of August 5, 1992, denying Mr. Pote's amended petition for habeas corpus.

AFFIRMED.

1

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of the court's General Order filed November 29, 1993. 151 F.R.D. 470

2

Honorable Richard P. Matsch, United States Chief District Judge for the District of Colorado, sitting by designation

3

Mr. Pote's unopposed motion asking this court to take judicial notice of the briefs filed in Mr. Pote's state post-conviction appeal is granted

Free access — add to your briefcase to read the full text and ask questions with AI

35 F.3d 574

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

Charles Arthur POTE, Petitioner-Appellant,
v.
Duane SHILLINGER, Attorney General of the State of Wyoming,
Respondent-Appellee.

No. 92-8047.

United States Court of Appeals, Tenth Circuit.

Aug. 29, 1994.

ORDER AND JUDGMENT1

Before LOGAN and McKAY, Circuit Judges, and MATSCH,2 Chief District Judge.

Charles Arthur Pote appeals from the district court's denial of his petition for habeas corpus brought pursuant to 28 U.S.C. 2254.3 Mr. Pote was convicted on seven counts, including aiding and abetting second degree murder and attempted first degree murder of a police officer, arising out of his involvement in a shoot-out at a Wyoming bar. On appeal, Mr. Pote raises five instances of alleged error. After reviewing the briefs of the parties and the record on appeal, we AFFIRM for substantially the reasons given by the district court in its Order of July 13, 1990, dismissing in part Mr. Pote's petition for habeas corpus, and its Order of August 5, 1992, denying Mr. Pote's amended petition for habeas corpus.

AFFIRMED.

1

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of the court's General Order filed November 29, 1993. 151 F.R.D. 470

2

Honorable Richard P. Matsch, United States Chief District Judge for the District of Colorado, sitting by designation

3

Mr. Pote's unopposed motion asking this court to take judicial notice of the briefs filed in Mr. Pote's state post-conviction appeal is granted

Cite This Page — Counsel Stack

Bluebook (online)

35 F.3d 574, 1994 U.S. App. LEXIS 32436, 1994 WL 468090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-arthur-pote-v-duane-shillinger-attorney-ge-ca10-1994.