United States Tenth Circuit

In a prosecution for kidnapping and sexual assault, a denial of petitioner's habeas petition is reversed and remanded with instructions to conditionally grant the petition, subject to the State of New Mexico allowing petitioner to withdraw his no contest plea and proceed on the criminal charges against him, where petitioner's no contest plea was the product of misrepresentations by his counsel so significant as to make his no contest plea a constitutionally inadequate basis for his imprisonment.

Appellate Information

• Decided 10/12/2010
• Published 10/12/2010

Judges

• Mary B. Briscoe

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kari Converse, Margaret McLean