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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
Loaded on Jan. 15, 2024
by Douglas Ankney
published in Criminal Legal News
January, 2024, page 38
Filed under:
Double jeopardy.
Location:
New Mexico.
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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More from these topics:
- Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, Dec. 15, 2024. Double jeopardy, Breach of Plea/Coop./Immunity Agreements, Dismissal, Plea Agreements/Guilty Pleas.
- Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error, July 15, 2024. Double jeopardy, Resentencing.
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024. Double jeopardy.
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- California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, June 15, 2021. Double jeopardy.
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