Legal Opinion
State v. Padilla
New Mexico Supreme Court
Decided May 10, 2002No. 26,540PublishedCited by 31 opinions
1Opinion of the Court
OPINION
FRANCHINI, Justice.
{1} Following a jury trial, Defendant Chris Padilla was convicted of two counts of aggravated battery with a deadly weapon under NMSA 1978, § 30-3-5(C) (1969). The Court of Appeals, in a divided opinion, reversed Defendant’s convictions after determining that under Rule 5-612 NMRA 2002, Defendant’s absence from jury selection was “nonwaivable” and had created a “structural defect” which “automatically i-equire[d] a new trial.” See State v. Padilla, 2000-NMCA-090, ¶¶ 1, 19, 129 N.M. 625, 11 P.3d 589, cert. granted, No. 26,540, 129 N.M. 519, 10 P.3d 843 (2000). The…
2Cases cited48 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Penson v. OhioSupreme Court of the United States · 1988
- 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
43 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State v. Alvarez-LopezNew Mexico Supreme Court · 2004
- State v. LaneyNew Mexico Court of Appeals · 2003
- State v. PlouseNew Mexico Court of Appeals · 2003
- State v. ZamarripaNew Mexico Supreme Court · 2008
- State v. O'NEALNew Mexico Court of Appeals · 2008
26 more not listed; retrieve them via the Exa API.