Legal Opinion
State v. Vigil
New Mexico Court of Appeals
Decided March 23, 1982No. 5344PublishedCited by 24 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Defendant has been sentenced to the penitentiary either on the basis of secret or hearsay information, or both. The attorneys representing the State, at both the trial and appellate levels, vigorously defend this basis for incarceration. Such a basis is not defensible; it calls to mind the English starchamber proceedings. We discuss: (1) secret information and due process; and (2) use of hearsay in establishing a violation of probation.
Pursuant to a plea bargain, defendant pled guilty to larceny. Sentence was deferred and defendant was placed on probation. The State moved…
2Cases cited12 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- H. T. Coker Construction Co. v. Whitfield Transportation, Inc.New Mexico Court of Appeals · 1974
- State v. BrusenhanNew Mexico Court of Appeals · 1968
- State v. RomeroNew Mexico Supreme Court · 1960
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. GrahamNew Mexico Supreme Court · 2005
- State v. GuthrieNew Mexico Supreme Court · 2011
- State v. SanchezNew Mexico Court of Appeals · 2001
- State v. Erickson K.New Mexico Court of Appeals · 2002
- State v. MarquartNew Mexico Court of Appeals · 1997
19 more not listed; retrieve them via the Exa API.