State v. Coulter
New Mexico Court of Appeals
1Opinion of the Court
OPINION
HENDLEY, Judge.
Convicted of two counts of forgery contrary to § 30-16-10, N.M.S.A. 1978, defendant appeals. We discuss only two issues, since we are reversing and remanding for a new trial.
The Thirteenth Juror
After the presentation of evidence was complete, the case was submitted and the jury retired to the jury room. After about ten minutes, the jury sent the judge a note requesting that the exhibits be delivered to the jury room. The court read the note to the parties and then commented to counsel that the court had just realized that the alternate was present with the jury. Defense…
2Cases cited20 opinions
- United States v. Virginia Erection Corporation and John P. ShieldsCourt of Appeals for the Fourth Circuit · 1964
- United States v. Wilton ChatmanCourt of Appeals for the Fourth Circuit · 1978
- Johnson v. StateSupreme Court of Georgia · 1975
- United States v. Robert Fulton Beasley, Jr.Court of Appeals for the Tenth Circuit · 1972
- United States v. Carlton Ellis AllisonCourt of Appeals for the Fifth Circuit · 1973
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3Cited by18 opinions
- State v. MurphyOhio Supreme Court · 2001
- State v. MurphyOhio Supreme Court · 2001
- Stokes v. StateCourt of Appeals of Maryland · 2004
- State v. SanchezNew Mexico Supreme Court · 2000
- State v. RammingNew Mexico Court of Appeals · 1987
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