Legal Opinion

State v. Paiz

New Mexico Court of Appeals

Decided July 6, 1999No. 19,491PublishedCited by 17 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} Defendant appeals his conviction for aggravated battery, contrary to NMSA 1978, Section 30-3-5 (1969). Defendant contends that the conduct of the metropolitan court judge, Keesha Ashanti, at trial and before the jury evidenced a manifest bias in favor of the State securing a conviction against him. We agree and conclude that Judge Ashanti’s conduct was so egregious that it constituted plain error, and thus, Defendant’s conviction must be reversed and this case remanded for a new trial before a different, impartial judge.

Facts and Procedural Background

{2} ’The trial…

2Cases cited22 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. United States v. AtkinsonSupreme Court of the United States · 1936
  3. United States v. Darryl Gordon Hickman and Fred McArthur HeadCourt of Appeals for the Sixth Circuit · 1979
  4. State v. WoodwardNew Mexico Supreme Court · 1995
  5. State v. LuceroNew Mexico Supreme Court · 1993

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

3Cited by17 opinions

  1. State v. TorresNew Mexico Court of Appeals · 2005
  2. State v. GutierrezNew Mexico Court of Appeals · 2003
  3. State v. MartinezNew Mexico Court of Appeals · 2002
  4. State v. SouthworthNew Mexico Court of Appeals · 2002
  5. State v. RossNew Mexico Court of Appeals · 2007

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

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