Legal Opinion
State v. Badoni
New Mexico Court of Appeals
Decided November 27, 2002No. 21,924PublishedCited by 12 opinions
1Opinion of the Court
OPINION
CASTILLO, Judge.
{1} This is an appeal from Defendant’s second trial wherein he was convicted of second degree murder of Sylvester Lewis and aggravated battery on Wesley Eaton. Defendant makes two arguments on appeal: (1) that the trial court erred by denying his request for a modified version of UJI 14-5031 NMRA 2002 (prohibiting jury inference of guilt from failure to testify); and (2) that the trial court erred in enhancing his sentence because the criminal information did not charge Defendant with firearm use or notify Defendant that the State would seek a firearm enhancement under…
2Cases cited25 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. CottonSupreme Court of the United States · 2002
- Jones v. United StatesSupreme Court of the United States · 1999
- United States v. Ramse ThomasCourt of Appeals for the Second Circuit · 2001
- United States v. Wendell Nance, Sr.Court of Appeals for the Seventh Circuit · 2001
20 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- San Juan Agricultural Water Users Ass'n v. KNME-TVNew Mexico Supreme Court · 2011
- State v. SiersWashington Supreme Court · 2012
- State v. WildgrubeNew Mexico Court of Appeals · 2003
- Archuleta v. TAOS LIVING CENTER, LLCDistrict Court, D. New Mexico · 2011
- State v. CooleyNew Mexico Court of Appeals · 2003
7 more not listed; retrieve them via the Exa API.