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Brown v. State

573 P.2d 1204, 91 N.M. 349
CourtNew Mexico Supreme Court
DecidedJanuary 17, 1978
DocketNo. 11716
StatusPublished
Cited by5 cases

This text of 573 P.2d 1204 (Brown v. State) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. State, 573 P.2d 1204, 91 N.M. 349 (N.M. 1978).

Opinion

ORDER

FEDERICI, Justice.

The writ of certiorari heretofore granted is quashed as improvidently issued.

The case of State v. Castrillo, 90 N.M. 608, 566 P.2d 1146 (1977), upon which petitioner relies, is not applicable to the present case. The first trial in the present case was concluded on November 18, 1976. The CastriUo opinion was not filed until July 8, 1977. The CastriUo case made it clear that it should not be applied retroactively: “The holding in Brooks [State v. Brooks, 59 N.M. 130, 279 P.2d 1048 (1955)] will no longer be applicable in New Mexico. Henceforth, . . . ” (Emphasis added.)

Even if the CastriUo case were deemed by us to apply, the trial judge in the first trial determined that the jury had not reached a unanimous decision on any of the offenses charged and, therefore, petitioner was not placed in jeopardy.

IT IS SO ORDERED.

McMANUS, C. J., and SOSA, EASLEY and PAYNE, JJ., concur.

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Related

State v. Duncan
830 P.2d 554 (New Mexico Court of Appeals, 1990)
State v. Branchal
684 P.2d 1163 (New Mexico Court of Appeals, 1984)
State v. Simonson
669 P.2d 1092 (New Mexico Supreme Court, 1983)
State v. Lovato
580 P.2d 138 (New Mexico Court of Appeals, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
573 P.2d 1204, 91 N.M. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-nm-1978.