Legal Opinion

State v. Hernandez

New Mexico Court of Appeals

Decided March 1, 2004No. 23,066PublishedCited by 4 opinions

1Opinion of the Court

OPINION

FRY, Judge.

{1} Defendant Javier Hernandez appeals his conviction of battery against a police officer on several grounds. He argues that his defense attorney had an actual conflict of interest that impaired his defense in violation of the Sixth Amendment right to counsel. He further contends that the jury instructions contained reversible error. Finally, he argues that the trial court abused its discretion in admitting certain portions of the videotaped arrest underlying his battery conviction. Because we agree with Defendant that the jury instructions were misleading, we reverse and…

2Cases cited16 opinions

  1. United States v. Millard BowieCourt of Appeals for the Tenth Circuit · 1990
  2. State v. ManusNew Mexico Supreme Court · 1979
  3. State v. ParishNew Mexico Supreme Court · 1994
  4. Sells v. StateNew Mexico Supreme Court · 1982
  5. Brian A. Church v. George E. SullivanCourt of Appeals for the Tenth Circuit · 1991

11 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. EllisNew Mexico Supreme Court · 2008
  2. State v. DENZEL B.New Mexico Court of Appeals · 2008
  3. State v. EllisNew Mexico Court of Appeals · 2007
  4. State v. DENZEL B.New Mexico Court of Appeals · 2008

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