Legal Opinion
State v. Cannon
New Mexico Court of Appeals
Decided June 3, 2014No. 34,619; No. 34,647; Docket No. 32,127PublishedCited by 1 opinion
1Opinion of the Court
OPINION
FRY, Judge.
{1} Defendant Howard Cannon appeals his conviction for aggravated driving while under the influence (DWI), first offense, following a de novo trial in district court. Defendant contends that the district court erred by not granting him a trial by jury. Defendant’s appeal from the district court was untimely filed. This Court therefore ordered the parties to brief the issue of whether the conclusive presumption of ineffective assistance of counsel established in State v. Duran, 1986-NMCA-125, ¶¶ 4-6, 105 N.M. 231, 731 P.2d 374, should apply to appeals from a de novo trial in…
2Cases cited17 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Evitts v. LuceySupreme Court of the United States · 1985
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- Baldwin v. New YorkSupreme Court of the United States · 1970
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. CannonNew Mexico Court of Appeals · 2014