Legal Opinion
State v. Gonzales
New Mexico Court of Appeals
Decided April 4, 1997No. 16677PublishedCited by 14 opinions
1Opinion of the Court
OPINION
BOSSON, Judge.
1. This case presents a double jeopardy question of first impression in New Mexico: Whether Defendant, who was found to be in contempt for violating a domestic violence order, may subsequently be prosecuted for substantive criminal offenses stemming from the same conduct that gave rise to the contempt adjudication. In the case before us, we hold that the Double Jeopardy Clause does not bar such subsequent prosecution. We reverse the district court’s dismissal of the subsequent criminal charges and remand for reinstatement.
I.FACTUAL AND PROCEDURAL BACKGROUND
A. Order…
2Cases cited25 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- United States v. DixonSupreme Court of the United States · 1993
- Grady v. CorbinSupreme Court of the United States · 1990
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3Cited by14 opinions
- State v. ALVARO F.Supreme Court of Connecticut · 2009
- State v. DuranNew Mexico Court of Appeals · 1998
- Padilla v. Intel Corp.New Mexico Court of Appeals · 1998
- State v. SchoonmakerNew Mexico Court of Appeals · 2005
- State v. BarozNew Mexico Supreme Court · 2017
9 more not listed; retrieve them via the Exa API.