Legal Opinion
State v. Therrien
New Mexico Court of Appeals
Decided May 22, 1990No. 11609PublishedCited by 21 opinions
1Opinion of the Court
OPINION
HARTZ, Judge.
Defendant appeals his conviction of possession of more than eight ounces of marijuana. NMSA 1978, § 30-31-23(B)(3) (Repl.Pamp.1989). Although defendant raises a number of issues on appeal, the dispositive issue is the sufficiency of the affidavit for the search warrant used in the investigation of the case. We hold the affidavit insufficient and reverse on that basis. Because double-jeopardy doctrine would prohibit a new trial if the evidence admitted at trial had been insufficient to sustain a conviction, we also address the sufficiency of the evidence.
We set forth the…
2Cases cited22 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- People v. RameyCalifornia Supreme Court · 1976
- State v. HudginsLouisiana Court of Appeal · 1988
17 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hull v. StateCourt of Criminal Appeals of Alabama · 1992
- State v. BedollaNew Mexico Court of Appeals · 1991
- State v. RoybalNew Mexico Court of Appeals · 1992
- State v. BarkerNew Mexico Court of Appeals · 1992
- In Re Shon Daniel K.New Mexico Court of Appeals · 1998
16 more not listed; retrieve them via the Exa API.