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· 9/23/1991

Caristo v. Sullivan

Citations

  • 818 P.2d 401
  • 112 N.M. 623

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that defendant is entitled to notice in the form of a pleading before the court may enhance his sentence pursuant to NMSA 1978, Section 31-18-15.1 (Repl.Pamp.1994)
  • recognizing default judgment may be appropriate in post-conviction habeas corpus petitions, even though the jurisdiction no longer recognizes such actions to be civil proceedings
  • stating that “habeas corpus protects our most basic right of freedom from illegal restraint”
  • stating that \habeas corpus protects our most basic right of freedom from illegal restraint\
  • holding defendant’s “sentence was merely suspended during the period in question; he simply was not given ... credit for the period ... he was not serving his New Mexico sentence.”
  • no notice need be provided when basis of aggravation is facts used to prove elements of crime

Source: CourtListener parenthetical corpus (CC0).

Judges: Montgomery, Ransom, Franchini

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.