Legal Opinion

State v. Arevalo

New Mexico Court of Appeals

Decided April 2, 2002No. 21,985PublishedCited by 11 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

{1} We address whether a defendant can bar his prosecution under the doctrine of nonmutual collateral estoppel when a co-defendant charged with the same crime was acquitted in a separate trial. The trial court entered a judgment of acquittal, and the State appeals. We determine the doctrine is unavailable to bar the prosecution and reverse.

BACKGROUND

{2} On June 22, 2000, the district attorney’s office filed separate criminal informations against Defendant Juan Arevalo and his co-defendant Yolanda Nava. The informations were identical except for the case number and the…

2Cases cited20 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. United States v. PowellSupreme Court of the United States · 1984
  3. Standefer v. United StatesSupreme Court of the United States · 1980
  4. People v. FranklinIllinois Supreme Court · 1995
  5. Reeves v. WimberlyNew Mexico Court of Appeals · 1988

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3Cited by11 opinions

  1. People v. LeavelCalifornia Court of Appeal · 2012
  2. State v. Mullin-CostonWashington Supreme Court · 2004
  3. State v. Mullin-CostonCourt of Appeals of Washington · 2003
  4. State v. Mullin-CostonCourt of Appeals of Washington · 2003
  5. Zamora v. City of BelenDistrict Court, D. New Mexico · 2005

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