Legal Opinion

Cummings v. State

New Mexico Supreme Court

Decided August 28, 2007No. 30,259PublishedCited by 16 opinions

1Opinion of the Court

OPINION

CHAVEZ, Chief Justice.

{1} We use this case to clarify our jurisdiction over a district court’s denial of a petition for a writ of habeas corpus. We conclude that allowing a petitioner to seek a writ of certiorari from this Court in such circumstances is a proper exercise of our original jurisdiction over habeas matters. As for the merits of the case, we deny Petitioner Kenneth Cummings a writ of habeas corpus because his ineffective assistance of counsel claim has no merit, and because the writ may not be used to restore a person’s right to vote.

I. BACKGROUND

{2} While living in El…

2Cases cited15 opinions

  1. Ammerman v. Hubbard Broadcasting, Inc.New Mexico Supreme Court · 1976
  2. State v. SmallwoodNew Mexico Supreme Court · 2007
  3. State v. PeppersNew Mexico Court of Appeals · 1990
  4. State v. BacklundNorth Dakota Supreme Court · 2003
  5. Compton v. LytleNew Mexico Supreme Court · 2003

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. May v. CarltonTennessee Supreme Court · 2008
  2. Allen v. LeMasterNew Mexico Supreme Court · 2011
  3. State v. BarrazaNew Mexico Court of Appeals · 2011
  4. State v. DavisNew Mexico Court of Appeals · 2011
  5. Martinez v. ChavezNew Mexico Supreme Court · 2007

11 more not listed; retrieve them via the Exa API.

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