Thursday, July 17, 2014

Completion of Sentence Did Not Moot Habeas Petition

Gonzales v. Garcia, 2014 WL 2871347 (6/25/14, NM) (unpub'd) - The district court erred when it dismissed as moot a 28 USC sec. 2254 habeas challenge to a New Mexico 7th DWI conviction because Mr. Gonzales had finished his sentence. The court failed to apply the presumption of collateral consequences of a felony conviction. The relevant consequences did not only derive from the N.M. DWI statutes, as the court thought.