Legal Opinion

State v. Ogden

New Mexico Supreme Court

Decided March 14, 1994No. 21156, 21174, 21157 and 21158PublishedCited by 128 opinions

1Opinion of the Court

OPINION

FROST, Justice.

This is a pretrial interlocutory appeal in a first degree murder prosecution. It raises two central issues: (1) Can a district court make a pretrial determination that there is insufficient factual or legal support to allow the prosecution to seek the death penalty by proving an aggravating circumstance, and (2) is a City of Farmington community service officer a “peace officer” under the statute making the killing of a peace officer an aggravating circumstance in death penalty sentencing, NMSA 1978, Section 31-20A-5 (Repl.Pamp.1990). -Resolving both questions in the…

2Cases cited43 opinions

  1. Bordenkircher v. HayesSupreme Court of the United States · 1978
  2. Wayte v. United StatesSupreme Court of the United States · 1985
  3. Lockhart v. McCreeSupreme Court of the United States · 1986
  4. California v. RamosSupreme Court of the United States · 1983
  5. McKoy v. North CarolinaSupreme Court of the United States · 1990

38 more not listed; retrieve them via the Exa API.

3Cited by128 opinions

  1. State v. RowellNew Mexico Supreme Court · 1995
  2. State v. CoffinNew Mexico Supreme Court · 1999
  3. State v. DavisNew Mexico Supreme Court · 2003
  4. State v. Alvarez-LopezNew Mexico Supreme Court · 2004
  5. State v. CleveNew Mexico Supreme Court · 1999

123 more not listed; retrieve them via the Exa API.

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