State v. Sutphin

164 P.3d 72 (2007)

2007-NMSC-045

STATE of New Mexico, Plaintiff-Appellant,

v.

Kevin SUTPHIN, Defendant-Appellee.

No. 29,387.

Supreme Court of New Mexico.

June 29, 2007.

Rehearing Denied July 27, 2007.

Gary K. King, Attorney General, Martha Anne Kelly, Assistant Attorney General, Santa Fe, NM for Appellant.

Inocente, P.C., Brian A. Pori, Albuquerque, NM for Appellee.

OPINION

CHÁVEZ, Chief Justice.

{1} We are again presented with the opportunity to clarify that a petitioner may raise issues in a petition for a writ of habeas corpus that could have been raised on appeal, but that such issues are reviewed for…