Brooks v. Shanks

OPINION

MONTGOMERY, Justice.

In this case we hold that the allegations in the inmate petitioner’s petition for a writ of habeas corpus, in light of the respondent warden’s response to the petition, were sufficient to require the district court to conduct an evidentiary hearing as contemplated by SCRA 1986, 5-802(E)(3) (Repl.Pamp.1992). In the process of so holding, we limit certain language in State v. Aqui, 104 N.M. 345, 721 P.2d 771, cert. denied, 479 U.S. 917, 107 S.Ct. 321, 93 L.Ed.2d 294 (1986), that may be, and has been, read to preclude judicial review of deprivations of a prisoner’s…