Neely v. Newton

MURPHY, Circuit Judge.

Petitioner Judith Neely appeals from the district court’s dismissal of her federal habe-as corpus petition, brought pursuant to 28 U.S.C. § 2254, following her convictions, sentencing, and appeal in New Mexico state courts. A jury found Neely guilty but mentally ill (“GBMI”) of first-degree murder, three counts of attempted murder, and two counts of aggravated battery. On appeal, Neely asserts (1) New Mexico’s GBMI statute deprives a mentally ill defendant of due process and a fair trial, in violation of the Fourteenth Amendment; (2) New Mexico’s GBMI statute subjects a…