Juan Jose Lopez v. Clyde Malley, Warden, New Mexico State Penitentiary

Appellant Lopez was tried and convicted in a New Mexico state trial court of commercial burglary and larceny. He appealed, unsuccessfully, to the New Mexico Court of Appeals. His subsequent application for post-conviction relief to the trial judge pursuant to Rule 57, New Mexico Rules of Criminal Procedure, was also unsuccessful.

Following the foregoing unsuccessful attempts to obtain post-conviction relief through state courts, Lopez initiated the instant habeas corpus proceedings in the district court. His petition was dismissed on the ground that state post-conviction remedies have not been…