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RAEL v. BLAIR

No. 29,717.

153 P.3d 657 (2007)

2007-NMSC-006

Andy RAEL, Petitioner, v. Lane BLAIR, Warden, Respondent.

Supreme Court of New Mexico.

February 9, 2007.

Attorney(s) appearing for the Case

Joseph Newton Riggs III, Natalie A. Bruce, Albuquerque, NM, for Petitioner.

Gary K. King, Attorney General, Ralph E. Trujillo, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

MINZNER, Justice.

{1} Defendant Andy Rael appeals from a decision of the district court denying his petition for habeas corpus. See Rule 12-501 NMRA 2006; Rule 5-802 NMRA 2002. Defendant argues he was denied effective assistance of counsel during his trial because his attorney had an actual conflict of interest. We hold that an actual conflict of interest existed, because defense counsel's representation of Defendant and a State witness was...

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