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eBook details

• Title: Clark v. Tansy
• Author : New Mexico Supreme Court
• Release Date : January 07, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

RANSOM, Justice. In 1987 Terry Clark was sentenced to death for the kidnapping and murder of nine-year-old Dena Lynn Gore. On direct appeal
a divided Court upheld this death sentence even though the prosecutor stressed Clark's future dangerousness and the jury was
not informed as to the length of time Clark would serve in prison if he was not sentenced to death. State v. Clark, 108 N.M.
288, 772 P.2d 322, cert. denied, 493 U.S. 923, 107 L. Ed. 2d 271, 110 S. Ct. 291 (1989). Pursuant to SCRA 1986, 5-802 (Repl.
Pamp. 1992), Clark filed a petition for a writ of habeas corpus in the district court, reiterating claims of fundamental error
in his sentencing, raising the effect of our decision in State v. Henderson, 109 N.M. 655, 658, 789 P.2d 603, 606 (1990) (holding
that "fundamental fairness, due process and eighth amendment rationales" require that the jury be given accurate information
on the actual meaning of a life sentence), and claiming ineffective assistance of counsel. After a hearing on the habeas corpus
petition, the district court entered findings of fact and Conclusions of law denying Clark relief. Pursuant to SCRA 1986,
12-501 (Repl. Pamp. 1992), Clark filed, and we granted, his petition for a writ of certiorari.

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