Legal Opinion

State ex rel. Sullivan v. Kaufman

New Mexico Supreme Court

Decided October 28, 1985No. 15763PublishedCited by 1 opinion

1Opinion of the Court

OPINION

FEDERICI, Chief Justice.

The State petitioned this Court for a writ of prohibition directed to the Honorable Judge Bruce Kaufman (respondent), a district judge of the First Judicial District. The State seeks to prevent respondent from holding an evidentiary hearing in a habeas corpus proceeding because a different district court has already conducted a full evidentiary hearing on the same alleged facts and legal issues pursuant to a post-conviction motion for relief under NMSA 1978, Crim.P.Rule 57 (Repl.Pamp. 1980). We previously granted an alternative writ, allowing the matter to be…

2Cases cited16 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Sanders v. United StatesSupreme Court of the United States · 1963
  3. Hill v. United StatesSupreme Court of the United States · 1962
  4. United States v. HaymanSupreme Court of the United States · 1952
  5. Swain v. PressleySupreme Court of the United States · 1977

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3Cited by1 opinion

  1. William Smith v. Secretary of New Mexico Department of Corrections Derald Kerby, Warden, Central New Mexico Correctional FacilityCourt of Appeals for the Tenth Circuit · 1995

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