State v. Hennessy
New Mexico Court of Appeals
1Opinion of the Court
OPINION
PICKARD, Judge.
Defendant appeals his conviction for trafficking cocaine. He contends that (1) there was not substantial evidence to support his conviction, (2) his trial should have been severed from his codefendant’s, and (3) the prosecutor impermissibly commented on his postarrest silence. Because we reverse and remand for a new trial on the issue of comment on silence, we also address the claim of insufficiency of the evidence. See State v. Santillanes, 109 N.M. 781, 790 P.2d 1062 (Ct.App.1990) (court addresses substantial evidence issue because that would afford greater relief).
FACT…
2Cases cited44 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Doyle v. OhioSupreme Court of the United States · 1976
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- United States v. HaleSupreme Court of the United States · 1975
- Anderson v. CharlesSupreme Court of the United States · 1980
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3Cited by32 opinions
- State v. RojoNew Mexico Supreme Court · 1998
- State v. DeGraffNew Mexico Supreme Court · 2006
- State v. AllenNew Mexico Supreme Court · 1999
- State v. LuceroNew Mexico Supreme Court · 1993
- State v. TellesNew Mexico Court of Appeals · 1998
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