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KERSEY v. HATCH

No. 31,325.

237 P.3d 683 (2010)

2010-NMSC-020

Jerry Alvin KERSEY, Petitioner, v. Timothy HATCH, Warden, Respondent.

Supreme Court of New Mexico.

April 14, 2010.

Attorney(s) appearing for the Case

Hugh W. Dangler, Chief Public Defender, John L. Walker, Assistant Public Defender, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

MAES, Justice.

{1} The dispositive issue in this appeal is whether State v. Frazier, 2007-NMSC-032, ¶ 1, 142 N.M. 120, 164 P.3d 1, which held that "the predicate felony is always subsumed into a felony murder conviction, and no defendant can be convicted of both," applies retroactively to habeas corpus proceedings. Pursuant to the principles announced by the United States Supreme Court in...

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