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New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both

by Douglas Ankney

The Supreme Court of New Mexico clarified that when reviewing claims of double jeopardy, the court is to apply either the strict-elements test of Blockburger v. United States, 284 U.S. 299 (1932), or the modified strict-elements test of State v. Gutierrez, 258 P.3d 1024 (N.M 2011), but ...

 

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