Legal Opinion

State v. Montoya

New Mexico Court of Appeals

Decided June 23, 1992No. 12756PublishedCited by 11 opinions

1Opinion of the Court

OPINION

PICKARD, Judge.

Defendant appeals his conviction for trafficking cocaine. He raises several issues, including a claim that his trial should have been severed from that of his codefendant. We find the severance claim dis-positive and reverse. We also address two issues that are likely to be raised again in a retrial. Due to our proposed disposition of the severance issue, we need not address defendant’s other issues.

SEVERANCE

Law enforcement officers obtained a warrant to search defendant’s home. The affidavit in support of the search warrant contained hearsay statements from a…

2Cases cited18 opinions

  1. Idaho v. WrightSupreme Court of the United States · 1990
  2. White v. IllinoisSupreme Court of the United States · 1992
  3. United States v. Houshang SheikhCourt of Appeals for the Fifth Circuit · 1981
  4. State v. SegottaNew Mexico Supreme Court · 1983
  5. State v. BeachumNew Mexico Court of Appeals · 1972

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

3Cited by11 opinions

  1. State v. ApodacaNew Mexico Supreme Court · 1994
  2. State v. RoybalNew Mexico Court of Appeals · 1992
  3. State v. StampleyNew Mexico Supreme Court · 1999
  4. State v. LopezNew Mexico Supreme Court · 2007
  5. State v. VestNew Mexico Court of Appeals · 2011

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

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