Martinez v. Chavez

OPINION

ALARID, Judge.

{1} This case comes to us by order of remand from our Supreme Court. The Supreme Court issued a per curiam opinion holding that this Court “incorrectly classified” this case as “seeking review of a district court habeas corpus proceeding.” See Martinez v. Chavez, 2008-NMSC-021, ¶ 16, 144 N.M. 1, 183 P.3d 145 (2007). The Supreme Court reversed our transfer order and remanded to us for further consideration. In this opinion, we briefly discuss our criteria for deciding when a case should be transferred to the Supreme Court. As for the merits of Defendant’s arguments on…