Tovar Mendoza v. Hatch

BRISCOE, Chief Judge.

Petitioner Carlos Tovar Mendoza (To-var), a New Mexico state prisoner, appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we reverse the judgment of the district court and remand with instructions to conditionally grant Tovar’s petition, subject to the State of New Mexico allowing Tovar to withdraw his no contest plea and proceed on the criminal charges against him.

I

The underlying facts

Tovar and his wife, Lilia, both originally from Chihuahua, Mexico, moved to Albuquerque, New Mexico, in…