Legal Opinion

State v. Moreland

New Mexico Supreme Court

Decided May 9, 2008No. 30,301PublishedCited by 39 opinions

1Opinion of the Court

OPINION

SERNA, Justice.

{1} Today we consider whether the trial court erred when it granted Defendant’s motion for new trial (1) fourteen months after it was filed and (2) based on newly-discovered evidence. We hold that, based on the unusual facts and circumstances of this case, Defendant has presented newly-discovered evidence upon which he was properly granted a new trial. We therefore affirm the Court of Appeals.

I. FACTUAL BACKGROUND AND PROCEEDINGS BELOW

{2} On January 28, 2003, Defendant and his live-in fiancée were high on methamphetamine. She subsequently accused him of attacking her on…

2Cases cited13 opinions

  1. State v. RojoNew Mexico Supreme Court · 1998
  2. Gallegos v. Citizens Insurance AgencyNew Mexico Supreme Court · 1989
  3. State v. BalderamaNew Mexico Supreme Court · 2004
  4. State v. VolpatoNew Mexico Supreme Court · 1985
  5. Hayes v. StateNew Mexico Supreme Court · 1988

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

3Cited by39 opinions

  1. State v. ArrendondoNew Mexico Supreme Court · 2012
  2. Sandoval v. Baker Hughes Oilfield Operations, Inc.New Mexico Court of Appeals · 2009
  3. State v. SmithNew Mexico Supreme Court · 2016
  4. Ideal v. Burlington Resources Oil & Gas Co. LPNew Mexico Supreme Court · 2010
  5. Kilgore v. FUJI HEAVY INDUSTRIES LTD.New Mexico Court of Appeals · 2009

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

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