Garcia v. Dorsey

OPINION

SERNA, Justice.

{1} This case comes to the Court on Writ of Certiorari to an order of the First Judicial District Court, dismissing, without an evidentiary hearing, Petitioner Phillip A. Garcia’s Petition for Writ of Habeas Corpus as moot. We granted certiorari pursuant to Rule 12-501 NMRA. Garcia’s Petition for Writ of Habeas Corpus alleges a procedural due process violation which, he claims, renders his current incarceration illegal. We agree with Garcia that his claim is not moot and, therefore, reverse the district court’s dismissal of Garcia’s petition and remand to the district…