O'Kelley v. Heredia, No. 11-2175 (10th Cir. 2011)
Annotate this CasePro se prisoner Petitioner-Appellant Jimmy Ray O'Kelly sought a certificate of appealability (COA) to challenge the district court's denial of his application for habeas relief. Dozens of partygoers were gathered at a New Mexico apartment complex when a man who met the description of Petitioner held a gun to a man's head, and threatened onlookers not to get involved. Shots were fired; one person was killed, and three others, including Petitioner, were wounded. Petitioner unsuccessfully sought post-conviction relief in New Mexico state court, and the New Mexico Supreme Court denied certiorari. In his petition before the district court, Petitioner raised eight grounds for relief, which was summarily dismissed with prejudice. After thoroughly reviewing Petitioner's COA application, the magistrate judge's opinion and the state-court record, the Tenth Circuit agreed for substantially the same reasons endorsed and adopted by the district court that Petitioner was not entitled to habeas relief. The Court denied Petitioner's application for a COA and dismissed his appeal.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.