Legal Opinion

State v. Montoya

New Mexico Supreme Court

Decided May 16, 2013No. Docket 32,279PublishedCited by 88 opinions

1Opinion of the Court

OPINION

DANIELS, Justice.

Criminal prosecutions with multiple charges arising from a common fact situation often create difficult challenges, both in evaluating the offenses separately and in determining whether multiple punishments are permissible or appropriate under statutory and constitutional requirements. Among the issues we consider in this direct appeal are two matters of significant precedential value.

One issue involves the interrelationship between the theoretically separate offenses of causing great bodily harm to a person by shooting at a motor vehicle and the homicide resulting…

2Cases cited39 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. North Carolina v. PearceSupreme Court of the United States · 1969
  4. Ashe v. SwensonSupreme Court of the United States · 1970
  5. Wolf v. ColoradoSupreme Court of the United States · 1949

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

3Cited by88 opinions

  1. State v. OrtegaNew Mexico Supreme Court · 2014
  2. State v. SamoraNew Mexico Supreme Court · 2016
  3. State v. SilvasNew Mexico Court of Appeals · 2015
  4. State v. SladeNew Mexico Court of Appeals · 2014
  5. State v. RamirezNew Mexico Supreme Court · 2017

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

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