Visiting Professor of Law
J.D., Touro College, Jacob D. Fuchsberg Law Center
B.A., Long Island University, Post (LIU-POST)
Brian Tucker has served as Managing Attorney in the Post-Conviction Habeas Unit of the Law Offices of the Public Defender (LOPD) in Albuquerque, NM for the last five years where he held statewide managerial responsibility for the LOPD Post-Conviction Habeas Unit, supervising all processes governing the orderly administration of indigent post-conviction practice under Rule 5-802 NMRA. Prior to this, he served as a Senior Trial Attorney with the LOPD Post-Conviction Habeas Unit litigating post-conviction habeas corpus cases on a broad spectrum of ineffective of assistance of counsel claims including failure to investigate, failure to file pre-trial motions, failure to advise on alternative defenses, and failure to request appropriate jury instructions. He has argued habeas corpus matters statewide throughout New Mexico’s district court system, and has also served as a Trial Attorney, Felony Division, in the Second Judicial District Court, and as Trial Attorney, Misdemeanor Division, Bernalillo County Metropolitan Court, for DWI and domestic violence misdemeanor cases. Brian served on the 2014 and 2017 ad hoc habeas committees amending habeas corpus Rule 5-802 NMRA, in addition to developing the LOPD internal habeas database compiling national post-conviction case law trends with related statistics and research. He specializes in legal practice in prisoners’ rights, including challenges to super-maximum atypically harsh custodial environments, First Amendment free exercise of religion claims, Eighth Amendment inadequate medical care HIV/hepatitis C claims and disciplinary forfeiture of earned meritorious deduction due process claims. Brian has litigated extensively in ineffective assistance of counsel claims from serious felony trials and pleas, challenges to juvenile offender life without parole sentencing schemes, and challenges to indeterminate parole statutes as applied to sex offenders under Rule 5-801 NMRA. He has presented statewide trainings on ineffective assistance of counsel for LOPD appellate and felony attorneys, and prior to joining the University of New Mexico School of Law Innocence and Justice Project (IJP) as a part-time Visiting Professor, liaised with the Project developing an internship program with the LOPD Post-Conviction Habeas Unit. Brian holds a J.D. from Touro College, Jacob D. Fuchsberg Law Center where he founded PILOT the Public Interest Law Organization of Touro.