GARCIA v. DORSEY

No. 29,689.

149 P.3d 62 (2006)

2006-NMSC-052

Phillip A. GARCIA, Petitioner, v. Donald DORSEY, Warden, Respondent.

Supreme Court of New Mexico.

November 22, 2006.


Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, John L. Walker, Assistant Public Defender, Albuquerque, NM, for Petitioner.

Patricia A. Madrid, Attorney General, Mark Joseph Lovato, Assistant Attorney General, Santa Fe, NM, for Respondent.


OPINION

SERNA, Justice.

{1} This case comes to the Court on Writ of Certiorari to an order of the First Judicial District Court, dismissing, without an evidentiary hearing, Petitioner Phillip A. Garcia's Petition for Writ of Habeas Corpus as moot. We granted certiorari pursuant to Rule 12-501 NMRA. Garcia's Petition for Writ of Habeas Corpus alleges a procedural due process violation which, he claims, renders his current incarceration illegal. We agree with...

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