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CASE v. HATCH

No. 29,786.

183 P.3d 905 (2008)

2008-NMSC-024

Carl CASE, Petitioner, v. Timothy HATCH, Warden of the Guadalupe County Correctional Facility, Respondent.

Supreme Court of New Mexico.

April 15, 2008.

Attorney(s) appearing for the Case

Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, L.L.P., Peter Shoenburg, Marc M. Lowry, Albuquerque, NM, for Petitioner.

Gary K. King, Attorney General, Steven S. Suttle, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} On January 30, 1982, the moderately to severely decomposed body of a teenage girl, Nancy Mitchell, was discovered in Eddy County near an area known locally as Six Mile Dam. Petitioner Carl Case was convicted by a jury on October 26, 1982 of first-degree murder and first-degree criminal sexual penetration of Mitchell. The evidence in support of his conviction included the eyewitness testimony of three teenaged...

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