Quintana v. Bravo
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Respondents the State of New Mexico and Warden Erasmo Bravo appealed the district court's grant of Petitioner George Quintana's petition for writ of habeas corpus. The district court granted the petition based exclusively on the allegations contained in petitioner's amended petition, together with a supporting affidavit from one of petitioner's trial counsel admitting to being ineffective in her representation of him. The district court's rationale for this "unorthodox" decision was Respondents' failure to timely file a response to the amended petition and their failure to appear at a scheduled motions hearing, despite having received notice of the hearing. The reason for Respondents' failure to file a response and appear at the hearing was due to a conflict of interest that arose when the attorney affiant went to work for the District Attorney in the same jurisdiction. The district court was aware of the conflict and the confusion regarding whether an attorney from the Attorney General's office or an attorney from a district attorney's office from another jurisdiction would represent Respondents. Despite acknowledging the existence of the conflict and the confusion about who would represent Respondents, the district court vacated petitioner's convictions and granted him a new trial. Upon review of the matter, the Supreme Court held that the conduct of the District Attorney and the Attorney General did not rise to the level of stubborn resistance to the district court's orders that would justify the extreme sanction of vacating petitioner's jury convictions without both considering a
response from Respondents and after having had a full evidentiary hearing. Accordingly, the Court reversed the district court's grant of habeas relief and remanded the case for further proceedings.
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