(Download) "State V. Padilla" by New Mexico Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: State V. Padilla
- Author : New Mexico Supreme Court
- Release Date : January 10, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
¶1 Following a jury trial, Defendant Chris Padilla was convicted of two counts of aggravated battery with a deadly weapon under NMSA 1978, § 30-3-5(C) (1969). The Court of Appeals, in a divided opinion, reversed Defendant's convictions after determining that under Rule 5-612 NMRA 2002, Defendant's absence from jury selection was "non-waivable" and had created a "structural defect" which "automatically require[d] a new trial." See State v. Padilla, 2000-NMCA-090, ¶¶ 1, 19, 129 N.M. 625, 11 P.3d 589, cert. granted, No. 26,540 (2000). The State petitioned this Court to issue a writ of certiorari to the Court of Appeals under NMSA 1978, § 34-5-14(B) (1972), which we granted. Although we concur in the result reached by the majority of the Court of Appeals, we are not in agreement with the reasoning of the opinion.
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