Legal Opinion
State v. Gorton
New Mexico Court of Appeals
Decided January 10, 1969No. 219PublishedCited by 19 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
While represented by counsel, defendant pled guilty to issuing a worthless check and to embezzlement. The two offenses are unrelated. There was no direct appeal. His motion for post-conviction relief under § 21-1-1(93), N.M.S.A.1953 (Supp.1967) was denied without a hearing. He now appeals the order which denied post-conviction relief. The claims made, and our answers, are:
1. He is confined without due process of law. Defendant does not allege a factual basis for this claim. Absent a factual allegation, a claim of absence of due process fails to state a basis for relief.…
2Cases cited21 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- O'Bryan v. ChandlerSupreme Court of the United States · 1967
- Swenson v. BoslerSupreme Court of the United States · 1967
- Aubrey Pate v. William C. Holman, Warden, Kilby Prison, AlabamaCourt of Appeals for the Fifth Circuit · 1965
- State v. MoserNew Mexico Supreme Court · 1967
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. McGuintyNew Mexico Court of Appeals · 1982
- Woods v. StateNew Mexico Court of Appeals · 1972
- Barela v. StateNew Mexico Court of Appeals · 1970
- Pena v. StateNew Mexico Court of Appeals · 1970
- State v. BarefieldNew Mexico Court of Appeals · 1969
14 more not listed; retrieve them via the Exa API.