Legal Opinion
Kersey v. Hatch
New Mexico Supreme Court
Decided April 14, 2010No. 31,325PublishedCited by 104 opinions
1Opinion of the Court
OPINION
MAES, Justice.
{1} The dispositive issue in this appeal is whether State v. Frazier, 2007-NMSC-032, ¶ 1, 142 N.M. 120, 164 P.3d 1, which held that “the predicate felony is always subsumed into a felony murder conviction, and no defendant can be convicted of both,” applies retroactively to habeas corpus proceedings. Pursuant to the principles announced by the United States Supreme Court in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), we conclude that Frazier announced a new rule of law, which is procedural in nature and, therefore, not subject to retroactive…
2Cases cited39 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Teague v. LaneSupreme Court of the United States · 1989
- Griffith v. KentuckySupreme Court of the United States · 1987
- Linkletter v. WalkerSupreme Court of the United States · 1965
- United States v. DixonSupreme Court of the United States · 1993
34 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- State v. MontoyaNew Mexico Court of Appeals · 2015
- State v. MontoyaNew Mexico Supreme Court · 2015
- Luurtsema v. Commissioner of CorrectionSupreme Court of Connecticut · 2011
- State v. MontoyaNew Mexico Court of Appeals · 2011
- State v. SmithNew Mexico Supreme Court · 2016
99 more not listed; retrieve them via the Exa API.