Legal Opinion
State v. Brill
New Mexico Court of Appeals
Decided July 17, 1970No. 489PublishedCited by 7 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
The appeal is from a denial of post-conviction relief without a hearing. Section 21-1-1(93), N.M.S.A.1953 (Supp.1969). There are two issues: (1) whether defendant is in custody under a New Mexico sentence and (2) waiver of jury trial.
Whether defendant is in custody under a New Mexico sentence.
In Bernalillo County, in 1956, defendant pled guilty to armed robbery. He was sentenced to not less than three nor more than twenty-five years in the penitentiary. Commitment to the penitentiary was issued.
According to defendant, he was subsequently released on parole. Thereafter, he…
2Cases cited20 opinions
- Peyton v. RoweSupreme Court of the United States · 1968
- George C. Desmond v. The United States Board of ParoleCourt of Appeals for the First Circuit · 1968
- Beall v. ReidyNew Mexico Supreme Court · 1969
- State v. HernandezNew Mexico Supreme Court · 1942
- State v. SisnerosNew Mexico Supreme Court · 1968
15 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. BeachumNew Mexico Court of Appeals · 1972
- State v. MadridNew Mexico Court of Appeals · 1972
- State v. MartinNew Mexico Court of Appeals · 1980
- Howard v. MartinNew Mexico Supreme Court · 1991
- State v. BrillNew Mexico Supreme Court · 1970
2 more not listed; retrieve them via the Exa API.