Legal Opinion
State v. Hamilton
New Mexico Court of Appeals
Decided August 12, 1986No. 9053PublishedCited by 12 opinions
1Opinion of the Court
OPINION
BIVINS, Judge.
Defendant appeals his conviction of battery upon a peace officer, contrary to NMSA 1978, Section 30-22-24 (Repl.Pamp.1984). He raises eight issues. Because the first issue is dispositive and requires reversal, we do not reach the remaining issues. The first issue challenges the trial court’s finding that defendant waived his right to counsel at the preliminary hearing. We hold the evidence does not support a finding of waiver and remand this case for a new preliminary hearing. Mascarenas v. State, 80 N.M. 537, 458 P.2d 789 (1969). Because a new preliminary hearing is…
2Cases cited19 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Powell v. AlabamaSupreme Court of the United States · 1932
- Brewer v. WilliamsSupreme Court of the United States · 1977
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3Cited by12 opinions
- State v. GarciaNew Mexico Supreme Court · 2011
- State v. LuceroNew Mexico Court of Appeals · 1986
- State v. WoodruffNew Mexico Supreme Court · 1997
- Teske v. StateCourt of Criminal Appeals of Alabama · 1987
- State v. YoungNew Mexico Court of Appeals · 1994
7 more not listed; retrieve them via the Exa API.