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STATE EX REL. SULLIVAN v. KAUFMAN

No. 15763.

708 P.2d 322 (1985)

103 N.M. 410

STATE of New Mexico, ex rel. George SULLIVAN, Warden of the Penitentiary of New Mexico, Petitioner, v. Honorable Bruce E. KAUFMAN, District Judge, Respondent.

Supreme Court of New Mexico.

October 28, 1985.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., G.T.S. Khalsa, Asst. Atty. Gen., Santa Fe, for petitioner.

Alice Hector, Albuquerque, Janet Clow, Chief Public Defender, Lewis Fleishman, Asst. Appellate Defender, Santa Fe, for real party in interest.

Martha A. Daly, Mark Donatelli, Santa Fe, for respondent.

OPINION

FEDERICI, Chief Justice.

The State petitioned this Court for a writ of prohibition directed to the Honorable Judge Bruce Kaufman (respondent), a district judge of the First Judicial District. The State seeks to prevent respondent from holding an evidentiary hearing in a habeas corpus proceeding because a different district court has already conducted a full evidentiary hearing on the same alleged facts and legal issues pursuant to a post-conviction...

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