Legal Opinion
State v. Martinez
New Mexico Court of Appeals
Decided June 28, 2001No. 21,100PublishedCited by 18 opinions
1Opinion of the Court
OPINION
BOSSON, Chief Judge.
{1} The opinion heretofore filed in this case is withdrawn and the following substituted therefor. The motion for rehearing (reconsideration) is denied.
{2} After a jury convicted Benny Martinez (Benny) of second-degree murder, Benny appealed, attacking his attorney’s representation as ineffective and falling short of constitutional standards. We hold that defense counsel’s representation of Benny was hampered by an actual conflict of interest which rendered his representation ineffective as a matter of law. We reverse Benny’s conviction and remand to the district…
2Cases cited15 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Glasser v. United StatesSupreme Court of the United States · 1942
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Wheat v. United StatesSupreme Court of the United States · 1988
- Wood v. GeorgiaSupreme Court of the United States · 1981
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. PlouseNew Mexico Court of Appeals · 2003
- State v. McCLAUGHERTYNew Mexico Supreme Court · 2008
- State v. VincentNew Mexico Court of Appeals · 2005
- Garcia v. StateNew Mexico Supreme Court · 2010
- Rael v. BlairNew Mexico Supreme Court · 2007
13 more not listed; retrieve them via the Exa API.