Legal Opinion

State v. Gilbert

New Mexico Court of Appeals

Decided April 22, 1982No. 5410PublishedCited by 15 opinions

1Opinion of the Court

OPINION

WALTERS, Chief Judge.

Defendant was charged with five counts of conspiracy: (1) to murder Peter McDevitt; (2) to murder Sgt. Ness; (3) to escape from jail; (4) to escape from the custody of a peace officer, and (5) to commit residential burglary. He was acquitted on Counts 1 and 3; he appeals his conviction on Counts 2, 4, and 5. We affirm.

Two points listed in the docketing statement but not briefed are deemed abandoned. State v. Gonzales, 96 N.M. 556, 632 P.2d 1194 (Ct.App.1981).

We discuss the five issues argued: Denial of pretrial motions to (1) elect or merge counts, and (2) dismiss…

2Cases cited23 opinions

  1. Braverman v. United StatesSupreme Court of the United States · 1942
  2. United States v. Gary HalbertCourt of Appeals for the Ninth Circuit · 1981
  3. State v. ManusNew Mexico Supreme Court · 1979
  4. United States v. Guadalupe M. MoradoCourt of Appeals for the Fifth Circuit · 1972
  5. State v. LeybaNew Mexico Court of Appeals · 1969

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

3Cited by15 opinions

  1. State v. TollardoNew Mexico Supreme Court · 2012
  2. State v. SandersNew Mexico Supreme Court · 1994
  3. State v. GallegosNew Mexico Supreme Court · 2011
  4. State v. HernandezNew Mexico Court of Appeals · 1986
  5. United States v. Algie KingCourt of Appeals for the Tenth Circuit · 1992

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

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