Legal Opinion

State v. McCLAUGHERTY

New Mexico Supreme Court

Decided June 27, 2008No. 30,272PublishedCited by 18 opinions

1Opinion of the Court

OPINION

MAES, Justice.

{1} This is the second time Charles McClaugherty (Defendant) has appealed to this Court. State v. McClaugherty (McClaugherty I), 2003-NMSC-006, ¶ 1, 133 N.M. 459, 64 P.3d 486. This appeal concerns events predicated on our remand for a new trial from McClaugherty I, which Defendant challenged below based on double jeopardy grounds.

{2} In McClaugherty I, we reversed Defendant’s convictions because the prosecutor, Kenny Montoya (Montoya), put inadmissible hearsay in front of the jury by reciting portions of statements allegedly given to the police by two witnesses who were…

2Cases cited30 opinions

  1. Oregon v. KennedySupreme Court of the United States · 1982
  2. Gori v. United StatesSupreme Court of the United States · 1961
  3. State v. RojoNew Mexico Supreme Court · 1998
  4. State v. SutphinNew Mexico Supreme Court · 1988
  5. Pool v. Superior CourtArizona Supreme Court · 1984

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3Cited by18 opinions

  1. State v. RomeroNew Mexico Court of Appeals · 2014
  2. State v. SedilloNew Mexico Court of Appeals · 2014
  3. State v. SurrattNew Mexico Court of Appeals · 2015
  4. State v. HildrethNew Mexico Supreme Court · 2022
  5. State v. SedilloNew Mexico Court of Appeals · 2014

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

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