Legal Opinion

State v. Chavez

New Mexico Supreme Court

Decided October 9, 1967No. 8373PublishedCited by 29 opinions

1Opinion of the Court

OPINION

WOOD, Judge, Court of Appeals.

Defendant’s appeal from a denial of post-conviction relief under § 21-1-1(93), N.M. S.A.1953 (Interim Supp.1966), raises issues concerning (1) the burden of proof and (2) the uncontradicted evidence rule.

Defendant was convicted of rape. In the post-conviction proceeding he asserts that he did not have a fair trial by an impartial jury. Thus, he asserts a violation of Article II, § 14 of the New Mexico Constitution and the Fourteenth Amendment to the Constitution of the United States. This contention was not presented in his prior habeas corpus proceedings…

2Cases cited14 opinions

  1. Sheppard v. MaxwellSupreme Court of the United States · 1966
  2. Estes v. TexasSupreme Court of the United States · 1965
  3. Rideau v. LouisianaSupreme Court of the United States · 1963
  4. Marshall v. United StatesSupreme Court of the United States · 1959
  5. Medler v. HenryNew Mexico Supreme Court · 1940

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

3Cited by29 opinions

  1. State v. CaseNew Mexico Supreme Court · 1984
  2. State v. LopezNew Mexico Court of Appeals · 1969
  3. State v. SmithNew Mexico Court of Appeals · 1969
  4. Lucero v. Los Alamos Constructors, Inc.New Mexico Court of Appeals · 1969
  5. Strickland v. Roosevelt County Rural Electric CooperativeNew Mexico Court of Appeals · 1982

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

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