Cross references. — For the jurisdiction of the supreme court, see N.M. Const., art. VI,
§ 3.
For the jurisdiction of the district courts, see N.M. Const., art. VI, § 13.
For the contents of the petition, see 44-1-5 NMSA 1978.
For extraordinary writs from the supreme court, see Rule 12-504 NMRA.
Court may grant writ releasing any prisoner within district. — One district court of
this state may grant a writ of habeas corpus for the release from the state penitentiary of
a prisoner held therein under a commitment from another district court. As the prisoner
was being detained within the first judicial district, there can be no question that the
court in that district had jurisdiction to consider intervenor's petition for habeas corpus.
State ex rel. Hanagan v. Dist. Court, 1965-NMSC-089, 75 N.M. 390, 405 P.2d 232.
Therefore remedy of prohibition not available to state. — Where intervenor-
defendant was ordered discharged from the custody of the warden of the penitentiary
and the order was not appealed, it is accordingly final, and as intervenor was being
detained within the first judicial district, there can be no question that respondent-district
court judge had jurisdiction to consider intervenor's petition for habeas corpus and the
remedy of prohibition is thus not available to the state. Rodriguez v. Dist. Court, 1971-
NMSC-101, 83 N.M. 200, 490 P.2d 458.
Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291
(1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 117,
120, 121.
Denial of relief to prisoner on habeas corpus as bar to second application, 161 A.L.R.
1331.
Jurisdiction of habeas corpus proceedings for custody of child having legal domicil in
other states, 4 A.L.R.2d 7.
Abuse of writ as basis for dismissal of state prisoner's second or successive petition for
federal habeas corpus, 60 A.L.R. Fed. 481.
39A C.J.S. Habeas Corpus §§ 161, 163, 165, 167.
Notes of Decisions
N.M. Educ. Ret. Bd. v. Romero, 541 P.3d 175 (N.M. Ct. App. 2023).
· cites it 2× “Section 22-11-3(A), (B) creates a nine-member Board composed of five individuals selected by state officials and four individuals who are members of the retirement system, elected by their peers.”
N.M. Educ. Ret. Bd. v. Romero (N.M. Ct. App. 2023).
· cites it 2× “Section 22-11-3(A), (B) creates 5 1 a nine-member Board composed of five individuals selected by state officials and 2 four individuals who are members of the retirement system, elected by their peers.”
State ex rel. Hanagan v. Dist. Court of the First Jud. Dist., 405 P.2d 232 (N.M. 1965).
“VI, § 13 New Mexico Constitution, § 22-11-3, N.M.S.A.1953. This being true, it matters not if he erred; release on the writ having been decreed, the time for appeal having passed, the writ is final and not subject to recall or amendment.”
Goodwin v. Lujan Grisham, No. 1:21-cv-00483 (D.N.M. May 19, 2023).
“at §§ 22-11-3 (describing the Board); 22-11-7 (creating the Director); 22-11-13 (vesting investment powers and duties in the Board).”
Rodriguez v. Dist. Court of the First Jud. Dist., 490 P.2d 458 (N.M. 1971).
“VI, § 13 New Mexico Constitution, § 22-11-3, N.M. S.A.1953. This being true, it matters not if he erred; release on the writ having been decreed, the time for appeal having passed, the writ is final and not subject to recall or amendment.”
N.M. Stat. § 22-11-3(A): 2 cases
N.M. Educ. Ret. Bd. v. Romero, 541 P.3d 175 (N.M. Ct. App. 2023).
“Section 22-11-3(A), (B) creates a nine-member Board composed of five individuals selected by state officials and four individuals who are members of the retirement system, elected by their peers.”
N.M. Educ. Ret. Bd. v. Romero (N.M. Ct. App. 2023).
“Section 22-11-3(A), (B) creates 5 1 a nine-member Board composed of five individuals selected by state officials and 2 four individuals who are members of the retirement system, elected by their peers.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.