DUNCAN v. KERBY

No. 20,055.

851 P.2d 466 (1993)

115 N.M. 344

Donald DUNCAN, Petitioner-Appellee, v. Dareld KERBY, Respondent-Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 30, 1993.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen. Anthony Tupler, Asst. Atty. Gen. Santa Fe, for respondent-appellant.

Sammy J. Quintana, Chief Public Defender, Bruce Rogoff, Asst. Appellate Defender, Santa Fe, Gary C. Mitchell, Ruidoso, for petitioner-appellee.


OPINION

FROST, Justice.

The State of New Mexico appeals from the district court's grant of a writ of habeas corpus to prisoner Donald Duncan. This appeal raises two issues: (1) whether the doctrine of res judicata bars a defendant's postconviction claim of ineffective assistance of counsel when the same claim has been denied on the merits in a direct appeal, and (2) whether the trial court erred in granting petitioner's writ of habeas corpus on the grounds...

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