Legal Opinion
State v. McClaugherty
New Mexico Court of Appeals
Decided February 15, 2007No. 24,409PublishedCited by 12 opinions
1Opinion of the Court
OPINION
WECHSLER, Judge.
{1} Our Supreme Court reversed Defendant’s convictions in State v. McClaugherty, 2003-NMSC-006, 133 N.M. 459, 64 P.3d 486, for the State’s improper use of hearsay evidence in the course of cross-examining Defendant. Id. ¶¶ 3, 16, 35. The trial prosecutor asked Defendant to comment on alleged statements witnesses made to police relating Defendant’s admissions that he shot a gun during the incident. Id. ¶¶ 11, 14. On remand to the district court, Defendant promptly moved to bar retrial for prosecutorial misconduct under State v. Breit, 1996—NMSC-067, ¶ 32, 122 N.M. 655,…
2Cases cited37 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- State v. RojoNew Mexico Supreme Court · 1998
- State v. AttawayNew Mexico Supreme Court · 1994
- State v. RowellNew Mexico Supreme Court · 1995
- Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
32 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. McCLAUGHERTYNew Mexico Supreme Court · 2008
- State v. RomeroNew Mexico Court of Appeals · 2014
- State v. CattNew Mexico Court of Appeals · 2018
- State v. HillNew Mexico Court of Appeals · 2008
- State v. CattNew Mexico Court of Appeals · 2018
7 more not listed; retrieve them via the Exa API.