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ALLEN v. LeMASTER

No. 31,100.

267 P.3d 806 (2011)

2012-NMSC-001

Timothy C. ALLEN, Petitioner, v. Tim LeMASTER, Warden, and State of New Mexico, Respondents.

Supreme Court of New Mexico.

December 5, 2011.

Attorney(s) appearing for the Case

Melissa Hill , Corrales, NM, for Petitioner.

Gary K. King , Attorney General, M. Victoria Wilson , Assistant Attorney General, Santa Fe, NM, for Respondents.

OPINION

DANIELS, Chief Justice.

{1} Timothy Allen appeals the district court's dismissal with prejudice of his petition for writ of habeas corpus alleging ineffective assistance of counsel in connection with his death sentence. The district court did not consider the merits of Allen's claims but instead dismissed the petition as a sanction for his refusal to answer court-ordered deposition questions, which Allen claimed violated his privilege...

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