Supreme Court of New Mexico

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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Filing Date: August 26, 2024

No. S-1-SC-40172

BRYCE FRANKLIN,

Petitioner-Appellee,

v.

STATE OF NEW MEXICO, and

RONALD MARTINEZ, Warden,

Respondents-Appellants.

APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY
Conrad F. Perea, District Judge

Raúl Torrez, Attorney General

Walter Hart, Assistant Attorney General

Albuquerque, NM

for Appellants

Lalita Moskowitz

American Civil Liberties Union of New Mexico

Albuquerque, NM

for Appellee

DISPOSITIONAL ORDER OF REMAND

VIGIL, Justice.

{1}         WHEREAS, in its September 21, 2023, order, the district court granted a writ of habeas corpus without an evidentiary hearing after finding that the prisoner policy at the Southern New Mexico Correctional Facility failed to satisfy any of the Turner v. Safley, 482 U.S. 78 (1987) reasonableness factors, resulting in a deprivation of Appellee’s First Amendment rights; and

{2}         WHEREAS, on February 26, 2024, the Court granted the alternative relief sought in the emergency petition for writ of superintending control, staying the district court's September 21, 2023, order and enforcement of the writ of habeas corpus, pending the resolution of this appeal; and

{3}         WHEREAS, on February 8, 2024, the State filed its brief in chief, arguing that the district court erred by not holding an evidentiary hearing before issuing its September 21, 2023, order; and

{4}         WHEREAS, on April 5, 2024, the Appellee filed a Non-Opposition to Remand, stating that he is unopposed to this Court remanding this matter to the district court for an evidentiary hearing; and

{5}         WHEREAS the Court concludes that the State’s request for an evidentiary hearing to enable the district court to make its findings of fact determinations is unopposed and warranted; and

{6}         WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B) NMRA to dispose of this matter by non-precedential order; and

{7}         WHEREAS, the Court, having considered the foregoing and being sufficiently advised;

{8}         NOW, THEREFORE, IT IS ORDERED that the Court’s February 26, 2024, order staying the district court’s September 21, 2023, order and the enforcement of the district court’s writ of habeas corpus in cause number D-307-CV-2022-01119 is WITHDRAWN; and

{9}         IT IS FURTHER ORDERED that this matter is remanded to the district court for an evidentiary hearing and such further proceedings as may be warranted.

{10}      IT IS SO ORDERED.

MICHAEL E. VIGIL, Justice

WE CONCUR:

DAVID K. THOMSON, Chief Justice

C. SHANNON BACON, Justice

JULIE J. VARGAS, Justice

BRIANA H. ZAMORA, Justice