Legal Opinion

State v. Martinez

New Mexico Court of Appeals

Decided June 13, 1973No. 1123PublishedCited by 2 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The trial court denied defendant’s motion for post-conviction relief; defendant appeals. Section 21-1-1(93), N.M.S.A.1953 (Repl.Vol. 4).

1. Jones v. State, 81 N.M. 568, 469 P.2d 717 (1970) points out: (a) that “Post conviction proceedings are not a method of obtaining consideration of questions which might have been raised on appeal . . .;” (b) that post-conviction review is not available “. . . where the facts submitted were known or available to the petitioner at the time of his trial . . .;” and (c) the foregoing limitations on post-conviction review apply to…

2Cases cited4 opinions

  1. State v. BeachumNew Mexico Court of Appeals · 1972
  2. Jones v. StateNew Mexico Supreme Court · 1970
  3. State v. ReyesNew Mexico Supreme Court · 1968
  4. Apodaca v. StateNew Mexico Court of Appeals · 1972

3Cited by2 opinions

  1. McCrary v. StateMissouri Court of Appeals · 1975
  2. Turley v. StateMissouri Court of Appeals · 1978

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