Mitchell Sobota v. Felix Rodriguez, Acting Warden, New Mexico State Penitentiary

This habeas corpus case is here for the second time. Appellant Sobota, a prisoner in the New Mexico State Penitentiary brought this action to set aside the judgment and sentence, alleging that he had been denied counsel at a preliminary hearing and that he did not voluntarily and understandingly enter a plea of guil ty. When the case was first heard by the United States District Court for the District of New Mexico, Sobota testified that his request to be represented by an attorney at his preliminary hearing had been denied. An attorney was appointed to represent him when the information…