Cisneros v. State

OPINION

WOOD, Chief Judge.

State v. Gillihan, 86 N.M. 439, 524 P.2d 1335 (1974) holds that grounds for relief asserted in second or successive post-conviction proceedings will not be considered if those grounds could have been asserted in prior proceedings. The facts in this case demonstrate the wisdom of that decision.

Petitioner was convicted of two counts of incest in 1961. He has sought post-conviction relief by at least two habeas corpus proceedings and five post-conviction motions. He appealed the denial of one of the post-conviction motions. State v. Cis-neros, 77 N.M. 361, 423 P.2d 45…