State v. Blankenship

OPINION

WOOD, Judge.

Defendant’s claim for post-conviction re-, lief under § 21-1-1(93), N.M.S.A.1953 (Supp.1967), is based xxpon (1) his extradition and (2) denial of medical treatment.

The trial court denied defendant’s motion on the basis that it was a successive motion which it need not consider. This ruling was made prior to publication of State v. Canales, 78 N.M. 429, 432 P.2d 394 (1967). Canales held that a second or successive motion may be refused only if the prior denial rested on an adjudication of the merits of the ground presented in the subsequent application.

Defendant’s motion…