Legal Opinion
Andrew James Devine v. New Mexico Department of Corrections
Court of Appeals for the Tenth Circuit
Decided February 22, 1989No. 87-2456PublishedCited by 59 opinions
1Opinion of the Court
SEYMOUR, Circuit Judge.
Petitioner Andrew James Devine, currently serving a life sentence in New Mexico for first degree murder, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 (1982), claiming that the state unconstitutionally delayed his eligibility for parole after he committed the crime. The district court denied his petition, and De-vine appeals. We conclude that the New Mexico Supreme Court violated the due process clause of the Fourteenth Amendment because the manner in which it applied New Mexico parole statutes to Devine was unforeseeable and the decision…
2Cases cited21 opinions
- Weaver v. GrahamSupreme Court of the United States · 1981
- Marks v. United StatesSupreme Court of the United States · 1977
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Marks v. United StatesSupreme Court of the United States · 1977
- Miller v. FloridaSupreme Court of the United States · 1987
16 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Bland v. SirmonsCourt of Appeals for the Tenth Circuit · 2006
- State v. SmithNew Mexico Supreme Court · 2004
- United States v. Joe Luis SaucedoCourt of Appeals for the Tenth Circuit · 1991
- United States v. John Wesley Morehead, Sr., John Wesley Morehead, Jr., and Jackie Ray HillCourt of Appeals for the Tenth Circuit · 1992
- In the Matter of Personal Restraint of PowellWashington Supreme Court · 2004
54 more not listed; retrieve them via the Exa API.