US appeals court turns down appeal in 1982 Carlsbad killing
Posted at: 02/27/2013 7:55 AM
By: The Associated Press
SANTA FE, N.M. (AP) - A federal appeals court has rejected the latest appeal of a man convicted in the 1982 rape and murder of a teenage girl near Carlsbad.
The 10th U.S. Circuit Court of Appeals in Denver says Carl Case didn't meet the legal requirements for challenging his conviction.
Several young men were convicted in the killing of Nancy Mitchell.
Her body was found near a dam outside Carlsbad.
Case had claimed there was new and previously undisclosed evidence regarding a trial witness and that two prosecution witnesses had recanted their trial testimony.
The ruling Tuesday says Case's due process rights weren't violated and that he received a fundamentally fair trial.
It also says the newly discovered evidence doesn't require a new trial. Case was sentenced to life in prison plus 18 years.
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