Montoya v. Ulibarri

OPINION

MAES, Justice.

{1} Petitioner, Joseph Montoya, appeals from a decision of the district court denying his petition for habeas corpus pursuant to Rule 5-802 NMRA. See Rule 12-501 NMRA; Rule 5-802 NMRA. This case presents the issue of whether the protections afforded by the New Mexico Constitution allow a prisoner to obtain habeas relief based upon a freestanding claim of actual innocence, independent of any constitutional violation at trial. We conclude that the continued incarceration of an innocent person is contrary to both due process protections and the constitutional prohibition…