· 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 CourtListenerSourced 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.