In a post last week about habeas cases from around the country, I mentioned the case of Case v. Hatch, in which a DJ in New Mexico granted a second habeas petition, concluding that petitioner had shown by clear and convincing evidence that no reasonable factfinder would have found him guilty.
Here's an article in the Albuquerque Journal about the case. It says that the prosecutor intends to retry petitioner even though the New Mexico Attorney General's office intends to appeal the decision. That's because the DJ in the case denied the AG's request for a stay of the order, so the prosecutor had to act on the court's order. AG's office could still ask for a stay from the 10th Circuit.
Comments
You can follow this conversation by subscribing to the comment feed for this post.