State v. Ferguson
New Mexico Court of Appeals
1Opinion of the Court
OPINION
MINZNER, Judge.
The state appeals the trial court’s granting of defendant’s motion for a new trial. The state raises one issue on appeal: whether the trial court abused its discretion in granting a new trial because the comments made by the prosecutor during closing argument did not constitute legal error. We affirm.
FACTS
Defendant was charged with an open count of murder for killing his wife’s lover after finding his wife and the victim in bed at defendant’s home. Defendant testified that he hit his wife with the butt of a revolver and that it accidentally went off and caused the…
Also in this document: Concurrence.
2Cases cited11 opinions
- Swope v. StateIndiana Supreme Court · 1975
- State Ex Rel. Human Services Department v. StaplesNew Mexico Supreme Court · 1982
- State v. VallejosNew Mexico Court of Appeals · 1974
- State v. BeachumNew Mexico Court of Appeals · 1972
- United States v. Julian Peter GabrielCourt of Appeals for the Tenth Circuit · 1983
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Azar v. Prudential Insurance Co. of AmericaNew Mexico Court of Appeals · 2003
- State v. ArrendondoNew Mexico Supreme Court · 2012
- State v. JADE G.New Mexico Supreme Court · 2007
- State v. JonesNew Mexico Court of Appeals · 1992
- State v. SwavolaNew Mexico Court of Appeals · 1992
35 more not listed; retrieve them via the Exa API.