STATE v. DAVIS

No. 27,716.

74 P.3d 1064 (2003)

2003-NMSC-022

STATE of New Mexico and Tim Lemaster, Warden, Plaintiff-Appellants, v. Robert DAVIS, Defendant-Appellee.

Supreme Court of New Mexico.

May 28, 2003.


Attorney(s) appearing for the Case

Patricia Madrid, Attorney General, Ralph E. Trujillo, Assistant Attorney General, Albuquerque, NM, for Appellants.

John Bigelow, Chief Public Defender, Jane Yee, Assistant Public Defender, Albuquerque, NM, for Appellee.


OPINION

CHÁVEZ, Justice.

{1} The State appeals directly to this Court from an order of the district court granting Petitioner Robert Davis' (Defendant) writ of habeas corpus. This Court has jurisdiction over appeals from the granting of writs of habeas corpus. See Rule 12-102(A)(3) NMRA 2003 (providing that such appeals shall be taken to this Court). On appeal, the State claims that the district court erred in holding that, under limited...

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