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Abstract

In January 2015, the New Mexico Supreme Court implemented major revisions to the procedural rules governing petitions for habeas corpus and post-conviction relief. These changes clarified the limits on post-conviction relief, expanded and altered the process, and adopted a new rule to clarify the relief available to petitioners who have completed their sentence. This Article, written by the Chair of the Ad Hoc Committee on Habeas Corpus, describes the changes to assist judges and lawyers in implementing the new rules. The amendments have three major components. First, the rules now include a clear path for petitioners seeking to vacate their conviction after their sentence is complete. Second, the rule amendments expanded the case processing options for district judges presented with post-conviction petitions and also provide increased discovery rights to litigants in these cases. Third, the rules codify and clarify the exhaustion rules, the time limitations, and the preclusion doctrines for such petitions. Taken together, these changes are designed to simplify and expedite the resolution of post-conviction challenges in New Mexico.

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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