Lujan v. Taylor

By Judge Alfred D. Swersky

Defendant’s Motion to Dismiss the Habeas Corpus petition filed herein must be denied.

There is no dispute that a pleading designated “Petition for a Writ of Habeas Corpus” was filed in this Court by Lujan’s trial counsel on March 11, 1992. This petition alleged that trial counsel’s representation was “below the standard of care which is expected of an attorney handling such cases.” It was based factually upon an allegation that counsel had failed to mail the petition for appeal and sought relief by way of a delayed appeal. This pleading was signed and sworn to by…