Jim R. Hunter v. State of New Mexico Attorney General of the State of New Mexico Robert J. Tansey, Warden, New Mexico State Penitentiary

Petitioner Jim R. Hunter appeals from an order of the district court denying his petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254. 1 Hunter was convicted of one count of first degree criminal sexual penetration (CSP) in violation of N.M.Stat.Ann. § 30-9-ll(A)(l) (1978) and two counts of second degree CSP in violation of § 30-9-ll(B)(l) (1978). On appeal, Hunter raises several issues, both in briefs filed by counsel and in supplementary pro se briefs. 2 The main three are: (1) that a fatal variance between the information filed against him and the jury instruction on count…