Legal Opinion

Chouinard v. State

New Mexico Court of Appeals

Decided November 25, 1980No. 4361PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ANDREWS, Judge.

The defendant in this action was indicted on a variety of counts charging trafficking of a substance which was alleged to be cocaine during the period of May to August, 1977. After promising to appear in October, 1977, the defendant absconded for some twenty months and was re-arrested in May, 1979. During the pendency of his abscondence, the State negligently destroyed the substance underlying all but Count VII of the indictment. Because the prosecution only had a sample of the substance which formed the basis of the criminal complaint as to Count VII, that count was…

Also in this document: Concurrence.

2Cases cited22 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  3. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  4. State v. EricksonAlaska Supreme Court · 1978
  5. People v. NationCalifornia Supreme Court · 1980

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3Cited by1 opinion

  1. State v. ChouinardNew Mexico Supreme Court · 1981

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