New Mexico v. Lewis

Docket NumberS-1-SC-36428
Decision Date01 November 2018

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7 cases
  • State v. Paul
    • United States
    • Court of Appeals of New Mexico
    • May 28, 2020
    ...Standard of Review {6} "A double jeopardy challenge is a constitutional question of law [reviewed] de novo." State v. Lewis , 2019-NMSC-001, ¶ 10, 433 P.3d 276 (internal quotation marks and citation omitted). However, we apply an abuse of discretion standard in reviewing "a district court......
  • State v. Gutierrez
    • United States
    • New Mexico Supreme Court
    • August 30, 2019
    ...the comparative proportionality analysis for death sentences under NMSA 1978, § 31-20A-4(C)(4) ); State v. Lewis , 2019-NMSC-001, ¶ 21, 433 P.3d 276 (explaining that the Court addressed sua sponte the order in which the jury returns its verdicts because the pertinent uniform jury instructio......
  • State v. Pamphille
    • United States
    • Court of Appeals of New Mexico
    • August 27, 2020
    ...and serve no real purpose other than to enforce a rule for the simple reason that it exists. Cf. State v. Lewis , 2019-NMSC-001, ¶ 12, 433 P.3d 276 ("[T]o hold that the district court abused its discretion ... by failing to strictly comply with the formal requirements of Rule 5-611(D) [NMRA......
  • State v. Chavarria
    • United States
    • Court of Appeals of New Mexico
    • September 14, 2021
    ...28, 2020). {¶9} "A double jeopardy challenge is a constitutional question of law [reviewed] de novo." State v. Lewis, 2019-NMSC-001, ¶ 10, 433 P.3d 276 quotation marks and citation omitted). Although the parties dispute on appeal whether manifest necessity existed to justify the mistrial, w......
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