LUKENS v. FRANCO

No. S-1-SC-35491.

433 P.3d 288 (2018)

2019-NMSC-002

David R. LUKENS, Jr., Petitioner, v. German FRANCO, Warden, Respondent.

Supreme Court of New Mexico.

Rehearing Denied: January 7, 2019.


Attorney(s) appearing for the Case

Law Offices of Jennifer J. Wernersbach, P.C., Jennifer J. Wernersbach , Albuquerque, NM, for Petitioner.

Hector H. Balderas , Attorney General, Laurie Pollard Blevins , Assistant Attorney General, Santa Fe, NM, for Respondent.


OPINION

{1} In this appeal of the district court's denial of habeas corpus, Petitioner David Lukens, Jr. claims ineffective assistance of appellate counsel in his direct appeal and requests a new appeal or reversal of his conviction. We consider (1) whether prejudice due to deficient performance of Petitioner...

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