Lamar v. Zavaras, et al, No. 11-1131 (10th Cir. 2011)
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Pro se prisoner Petitioner Andrew Lamar unsuccessfully sought a certificate of appealability (COA) from the Tenth Circuit. Petitioner was convicted of sexual assault in Colorado in 2007 for which he was sentenced to an indeterminate term of thirty-five years to life. Petitioner's appointed counsel initiated a direct appeal and filed a brief raising five issues. After filing the opening brief, Petitioners' counsel was permitted to withdraw. Although the Colorado Court of Appeals allowed Petitioner to proceed with the appeal pro se, it denied his request to strike the opening brief or file a supplemental brief. However, Petitioner did file a pro se reply brief. The appellate court affirmed Petitioner's conviction but remanded the matter for re-sentencing. Petitioner filed a petition for rehearing related to the appellate court's denial of the opening brief. That petition and Petitioner's subsequent petition for certiorari to the Colorado Supreme Court were both denied. On appeal to the Tenth Circuit, Petitioner argued that he was deprived his constitutional due process rights to an adequate appellate review. The Court found that Petitioner did not make a "substantial showing of the denial of a constitutional right." Accordingly the Court denied Petitioner's request for a COA and dismissed his appeal.
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