Not Unreasonable for Colo. Court to Vacate Manslaughter and Affirm 1st-degree Murder Conviction On Single Homicide

Jones v. Ortiz, --- F.3d ----, 2006 WL 3411465 (10th Cir. November 28, 2006)

In what seems to be an unhappy text book reading of proof on greater and lesser offenses, the 10th denied a certificate of appealability on P’s 2254 petition, holding it was not contrary to nor an unreasonable application of clearly established federal law for the Colorado court, faced with (seemingly inconsistent) jury verdicts finding P guilty of both manslaughter and first degree felony/murder for the same homicide, to vacate the lesser offense conviction and affirm conviction for the greater offense. There was no DP or 6A violations, since the verdict showed that the government did prove, BRD, facts supporting the greater (and the lesser) offenses.