Salvador Gallegos v. Harold A. Cox, Warden, New Mexico State Penitentiary
Cases that cite this one
6 later published cases cite this decision. The 5 that cite it most often are listed here.
- Gasque v. State (N.C. 1967)
- State ex rel. Carlson v. State (Tenn. 1966)
- Joe v. Lovato v. Harold A. Cox, Warden of New Mexico State Penitentiary (10th Cir. 1965)
- Lloyd Romero v. H. A. Cox, Warden of the New Mexico State Penitentiary (10th Cir. 1965)
- Stewart v. Cox (10th Cir. 1965)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The appellant Gallegos is confined in the New Mexico State Penitentiary pursuant to a sentence imposed for the unlawful sale of marihuana. After exhausting his remedies in state court, he brought this habeas corpus proceeding in the United States District Court for the District of New Mexico, alleging that the sentence is invalid because he had not been furnished counsel at a preliminary hearing and later upon arraignment in the District Court of McKinley County, New Mexico, where he pleaded not guilty to an indictment. At his trial in state court the appellant was represented by counsel of his own selection.
After a hearing in this habeas corpus proceeding, the trial court dismissed the petition, and properly so. Appellant did not testify at the preliminary hearing *108 in state court, and no contention is made that any incriminating statements were made then or upon his arraignment. Under these circumstances no prejudice is shown. Downing v. New Mexico State Supreme Court, 10 Cir., 339 F.2d 435; Lathan v. Crouse, 10 Cir., 320 F.2d 120; Utah v. Sullivan, 10 Cir., 227 F.2d 511, certiorari denied, sub nom. Braasch v. Utah, 350 U.S. 973, 76 S.Ct. 449, 100 L. Ed. 844.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.