[Download] "Blatchford V. Gonzales" by New Mexico Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Blatchford V. Gonzales
- Author : New Mexico Supreme Court
- Release Date : January 21, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Blatchford, a Navajo Indian, was convicted of accessory to criminal sexual penetration and kidnapping of a Navajo Indian child, and sentenced to life imprisonment. He was confined to the state mental hospital in San Miguel County where he filed a petition for writ of habeas corpus. However, he failed to pursue his post-conviction remedies under NMSA 1978, Crim.P.R. 57(j) (Repl. Pamp.1980), before applying for the writ. The district court granted the writ over objections by the State that Blatchford failed to exhaust his remedies under Rule 57(j). In granting the writ, the court below held that the State did not have jurisdiction over Blatchford for a crime committed on Indian land. It reached this result by concluding that the situs of the offense is a dependent Indian community. We reverse on two grounds.
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