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MONTOYA v. ULIBARRI

No. 29,218.

163 P.3d 476 (2007)

2007-NMSC-035

Joseph MONTOYA, Petitioner, v. Robert ULIBARRI, Warden, Respondent.

Supreme Court of New Mexico.

June 20, 2007.

Attorney(s) appearing for the Case

Dane Eric Hannum, Albuquerque, NM, for Petitioner.

Gary King, Attorney General, Arthur Pepin, Assistant Attorney General, Santa Fe, NM, for Respondent.

Scott M. Davidson, Ph.D., Esquire, Scott M. Davidson, Albuquerque, NM, for Amicus Curiae New Mexico Criminal Defense Lawyers Association.

OPINION

MAES, Justice.

{1} Petitioner, Joseph Montoya, appeals from a decision of the district court denying his petition for habeas corpus pursuant to Rule 5-802 NMRA. See Rule 12-501 NMRA; Rule 5-802 NMRA. This case presents the issue of whether the protections afforded by the New Mexico Constitution allow a prisoner to obtain habeas relief based upon a free-standing claim of actual innocence, independent of any constitutional violation...

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