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   State Courts - New Mexico - August 29 - November 9, 2007

  
Henning v. Rounds, Docket No. 26,245, COURT OF APPEALS OF NEW MEXICO, August 29, 2007, Filed
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Overview: Tort claims were barred under the New Mexico Tort Claims Act, N.M. Stat. Ann. §§ 41-4-1 to 41-4-27, because the fact that defendants may have had a wrongful motive was simply irrelevant, as long as there was a connection between their actions at the time of the incident and the duties they were requested, required or authorized to perform.

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State v. Pacheco, Docket No. 24,154, COURT OF APPEALS OF NEW MEXICO, August 29, 2007, Filed
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Overview: Intent of prosecutor questions and comments and their impact on the jury was to directly impeach defendant's trial testimony by his post-Miranda silence; the prejudicial impact of the prosecutor's conduct was considerable, given that the evidence against defendant was not overwhelming, and thus there was fundamental error and reversal was required.

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State v. Nash, Docket No. 25,700, COURT OF APPEALS OF NEW MEXICO, September 5, 2007, Filed
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Overview: Judgment that defendant's sentence for DWI could not be enhanced based on his 1994 DWI conviction was affirmed, because it would be fundamentally unfair to enhance defendant's sentence based on the 1994 constitutionally invalid conviction, when the State did not object to the assertion that the offense occurred on private property.

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State v. Tafoya, NO. 30,636, SUPREME COURT OF NEW MEXICO, October 4, 2007, Decided
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State v. Billington, NO. 30,676, SUPREME COURT OF NEW MEXICO, October 25, 2007, Decided
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State v. Frawley, Docket No. 29,011, SUPREME COURT OF NEW MEXICO, October 25, 2007, Filed
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State v. Young, Docket No. 29,467, SUPREME COURT OF NEW MEXICO, October 25, 2007, Filed
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State v. Gonzales, Docket No. 29,623, SUPREME COURT OF NEW MEXICO, October 31, 2007, Filed
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Inquiry Concerning a Judge (Vincent), Docket No. 27,266, SUPREME COURT OF NEW MEXICO, November 9, 2007, Filed
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