{
  "id": 5326227,
  "name": "STATE of New Mexico, Plaintiff-Appellee, v. Clarence M. BRUCE, Defendant-Appellant",
  "name_abbreviation": "State v. Bruce",
  "decision_date": "1971-02-15",
  "docket_number": "No. 9116",
  "first_page": "315",
  "last_page": "316",
  "citations": [
    {
      "type": "official",
      "cite": "82 N.M. 315"
    },
    {
      "type": "parallel",
      "cite": "481 P.2d 103"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "78 N.M. 735",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5326586
      ],
      "weight": 2,
      "year": 1968,
      "opinion_index": 0,
      "case_paths": [
        "/nm/78/0735-01"
      ]
    },
    {
      "cite": "82 N.M. 142",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5332128
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/nm/82/0142-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 1985,
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    "sha256": "f6ebb0d25ca0e3f0853a336ec72ca69e8994581395fa9f7a543972dde88a67cf",
    "simhash": "1:2eec7d041046783c",
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  "last_updated": "2023-07-14T17:16:32.756560+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "OMAN and STEPHENSON, JJ., concur."
    ],
    "parties": [
      "STATE of New Mexico, Plaintiff-Appellee, v. Clarence M. BRUCE, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nTACKETT, Justice.\nThe District Court of Bernalillo County, New Mexico, denied a motion for post conviction relief filed December 9, 1969. Defendant appeals.\nDefendant was convicted by a jury in October 1962, of sodomy. He was sentenced to not less than one year nor more than life. Since the date of sentencing, defendant has filed several motions for post conviction relief, as well as a habeas corpus petition, all raising substantially the same issues, which were denied without a hearing.\nDefendant\u2019s primary contention is that the trial court erred in refusing to grant him a hearing on the motion to vacate judgment and sentence on the issue of inadequacy of counsel. In State v. Wilson, 82 N.M. 142, 477 P.2d 318 (Ct.App.1970), we find the following:\n\u201cWe have uniformly held that before a defendant can be heard to complain of the inadequacy of his counsel he must show that the proceedings leading to his conviction amounted to a sham, a farce, or a mockery. * * * \u201d\nNo such showing is presented in the instant case.\nIt was incumbent on defendant, to merit a hearing on the motion, to set forth matters therein which, if proved, would require the setting aside of the conviction. This he did not do. Where an examination of the motion discloses a total absence of ground which could accomplish the end sought by petitioner, the trial 'court is not required' to grant a hearing. State v. Lobb, 78 N.M. 735, 437 P.2d 1004 (1968). Such is the situation in the instant case. The ground for the attack on the judgment and sentence was without merit \u25a0and no hearing was required.\nThe judgment is affirmed. It is so ordered. . . .\nOMAN and STEPHENSON, JJ., concur.",
        "type": "majority",
        "author": "TACKETT, Justice."
      }
    ],
    "attorneys": [
      "Frank P. Dickson, Jr., Albuquerque, for defendant-appellant.",
      "James A. Maloney, Atty. Gen., Roy G. Hill, Sp. Asst. Atty. Gen., Sante Fe, for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "481 P.2d 103\nSTATE of New Mexico, Plaintiff-Appellee, v. Clarence M. BRUCE, Defendant-Appellant.\nNo. 9116.\nSupreme Court of New Mexico.\nFeb. 15, 1971.\nFrank P. Dickson, Jr., Albuquerque, for defendant-appellant.\nJames A. Maloney, Atty. Gen., Roy G. Hill, Sp. Asst. Atty. Gen., Sante Fe, for plaintiff-appellee."
  },
  "file_name": "0315-01",
  "first_page_order": 371,
  "last_page_order": 372
}