Baca v. Richards

This decision of the Supreme Court of New Mexico was not selected for publication in
the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the
citation of unpublished decisions. Electronic decisions may contain computer-
generated errors or other deviations from the official version filed by the Supreme Court.

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Filing Date: December 4, 2025

No. S-1-SC-40713

GENO A. BACA,

Petitioner,

v.

JESSICA VIGIL RICHARDS, Warden,

Respondent.

ORIGINAL PROCEEDING ON CERTIORARI
Stan Whitaker, District Judge

Geno A. Baca
Pro se
Los Lunas, NM

for Petitioner

Raúl Torrez, Attorney General
Albuquerque, NM

for Respondent

DISPOSITIONAL ORDER OF REMAND

VIGIL, Justice.

{1} WHEREAS, this matter came before the Court on petition for writ of certiorari
under Rule 12-501 NMRA seeking review of the Second Judicial District Court’s order
denying, among other things, Petitioner’s request for release from indeterminate sex-
offender parole as the remedy for failure to hold a timely duration review hearing as
required by NMSA 1978, Section 31-21-10.1(C) (2007);
{2} WHEREAS, the Court ordered that this case be held in abeyance pending the
Court’s disposition of Aragon v. Martinez, S-1-SC-39172;

{3} WHEREAS, this Court has now issued an opinion and mandate in Aragon v.
Martinez, ___-NMSC-___, ___ P.3d ___ (S-1-SC-39172, July 14, 2025) (mandate filed
Aug. 18, 2025);

{4} WHEREAS, the opinion in Aragon addresses and significantly affects the issue of
law presented in this case about the appropriate remedy for the failure to hold a timely
duration review hearing;

{5} WHEREAS, the Court has reviewed the other issues raised in the petition and
concludes that they should be denied; and

{6} WHEREAS, the Court exercises its discretion under Rule 12-405(B)(1) NMRA to
dispose of this case by nonprecedential order rather than a formal opinion;

{7} NOW, THEREFORE, IT IS ORDERED that the abeyance is VACATED and this
matter is REMANDED to the district court to reconsider Petitioner’s right to habeas relief
in accordance with Aragon, ___-NMSC-___, ¶ 42; and

{8} IT IS FURTHER ORDERED that all other issues raised in the petition are
DENIED.

{9} 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