Legal Opinion

State v. Werner

New Mexico Court of Appeals

Decided February 13, 1990No. 11569PublishedCited by 9 opinions

1Opinion of the Court

OPINION

ALARID, Judge.

The dispositive issue here is whether the defenses of insanity and inability to form a specific intent are available to a defendant in a hearing conducted pursuant to NMSA 1978, Section 31-9-1.5(A) (Cum.Supp.1989). See also SCRA 1986, 5-602(A), (F) (Cum. Supp.1989). In view of our disposition of this issue, it is unnecessary to address the other issue the parties have briefed. We hold the foregoing defenses are not available in a hearing conducted pursuant to Section 31-9-1.5. Accordingly, we affirm the trial court’s ruling on this issue and remand this case for further…

2Cases cited9 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. Conservatorship of HofferberCalifornia Supreme Court · 1980
  3. New Mexico State Board of Education v. Board of Education of Alamogordo Public School District No. 1New Mexico Supreme Court · 1981
  4. State v. HamiltonSupreme Court of Louisiana · 1979
  5. Smith v. GalioNew Mexico Court of Appeals · 1980

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

3Cited by9 opinions

  1. State v. UriosteNew Mexico Supreme Court · 2002
  2. State v. RotherhamNew Mexico Supreme Court · 1996
  3. State v. TaylorNew Mexico Court of Appeals · 2000
  4. State v. GallegosNew Mexico Court of Appeals · 1990
  5. State v. QuintanaNew Mexico Supreme Court · 2021

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API