Legal Opinion · Dissent

State v. Curtis

New Mexico Court of Appeals

Decided December 4, 1974No. 1476Published

1DissentSutin, Judge

I dissent.

The judgment of the trial court should be affirmed.

A. Defendant’s right to confront the juvenile witness was not denied.

Defendant’s motion for a mistrial was made at the close of the state’s case. The motion stated the following:

The main ground is that the State called as its principal witness the juvenile co-defendant, . . . and intentionally and with good reasons from the State’s standpoint asked only limited number [sic] of questions which would clearly implicate and incriminate the defendant, Bruce Curtis, as having been at the scene of this incident on August 19th and 20th,…

2Cases cited21 opinions

  1. Pointer v. TexasSupreme Court of the United States · 1965
  2. Harris v. New YorkSupreme Court of the United States · 1971
  3. Alford v. United StatesSupreme Court of the United States · 1931
  4. Marion Francis Fountain and Roosevelt Tremble v. United States of America, Eugene J. Marshall v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  5. State v. NanceNew Mexico Supreme Court · 1966

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