Legal Opinion

State v. Clements

New Mexico Court of Appeals

Decided October 18, 1988No. 10473PublishedCited by 14 opinions

1Opinion of the Court

OPINION

FRUMAN, Judge.

Defendant appeals his conviction and sentence for aggravated battery with the use of a firearm. His first issue is whether the trial court abused its discretion in proceeding with the trial in his absence. Because we reverse and remand upon our analysis of this issue, we need not consider the additional issues raised in defendant’s docketing statement, his motion to amend that statement, and his brief-in-chief.

BACKGROUND

When the trial commenced in Roswell, the state called two witnesses and rested. Defendant called his first witness. The trial was then recessed. When…

2Cases cited36 opinions

  1. Illinois v. AllenSupreme Court of the United States · 1970
  2. Diaz v. United StatesSupreme Court of the United States · 1912
  3. Taylor v. United StatesSupreme Court of the United States · 1973
  4. Matter of Adoption of DoeNew Mexico Supreme Court · 1984
  5. Tyrone Gaither v. United States of America, Charles Tatum v. United StatesCourt of Appeals for the D.C. Circuit · 1969

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3Cited by14 opinions

  1. State v. PadillaNew Mexico Supreme Court · 2002
  2. State v. GarzaWashington Supreme Court · 2003
  3. People v. GutierrezCalifornia Supreme Court · 2003
  4. LaBalbo v. HymesNew Mexico Court of Appeals · 1993
  5. State ex rel. Torrez v. WhitakerNew Mexico Supreme Court · 2018

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

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