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CUMMINGS v. STATE

No. 30,259.

168 P.3d 1080 (2007)

2007-NMSC-048

Kenneth Michael CUMMINGS, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

August 28, 2007.

Attorney(s) appearing for the Case

Law Office of C.J. McElhinney, C.J. McElhinney, Las Cruces, NM, for Petitioner.

Gary King, Attorney General, Andrew S. Montgomery, Assistant Attorney General, Santa Fe, NM, for Respondent.

Nancy M. Hewitt, Santa Fe, NM, for Amicus Curiae New Mexico Public Defender Department.

OPINION

CHAVEZ, Chief Justice.

{1} We use this case to clarify our jurisdiction over a district court's denial of a petition for a writ of habeas corpus. We conclude that allowing a petitioner to seek a writ of certiorari from this Court in such circumstances is a proper exercise of our original jurisdiction over habeas matters. As for the merits of the case, we deny Petitioner Kenneth Cummings a writ of habeas corpus because his ineffective...

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