Legal Opinion
State v. Day
New Mexico Court of Appeals
Decided February 7, 1978No. 3154PublishedCited by 79 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendant was convicted of aggravated burglary and criminal sexual penetration in the second degree. In State v. Day, 90 N.M. 154, 560 P.2d 945 (Ct.App.1977) we reversed because of contradictory and confusing jury instructions concerning the defense of insanity at the time of the offenses. Upon retrial, defendant was again convicted. We again reverse, this time because of prosecutor misconduct which cannot be considered as harmless. Because the case must again be retried, we discuss two issues that may arise on retrial. The matters discussed are: (1) prosecutor…
2Cases cited28 opinions
- United States v. Tyrone Smith, United States of America v. Anthony E. GartrellCourt of Appeals for the D.C. Circuit · 1976
- State v. BellNew Mexico Supreme Court · 1977
- State v. RowellNew Mexico Supreme Court · 1966
- State v. NobleNew Mexico Supreme Court · 1977
- State v. HogervorstNew Mexico Court of Appeals · 1977
23 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- State v. TollardoNew Mexico Supreme Court · 2012
- State v. DuffyNew Mexico Supreme Court · 1998
- State v. GarciaNew Mexico Supreme Court · 1983
- State v. HerreraNew Mexico Court of Appeals · 1978
- State v. MooreNew Mexico Supreme Court · 1980
74 more not listed; retrieve them via the Exa API.