New Mexico v. Swick
| Docket Number | 32,510 |
| Decision Date | 01 June 2012 |
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253 cases
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State v. Serrato
...double jeopardy challenges present a constitutional question of law, which we review de novo. State v. Swick , 2012-NMSC-018, ¶ 10, 279 P.3d 747. {12} For double-description claims, this Court follows the two-part test identified in Swafford v. State , 1991-NMSC-043, ¶ 25, 112 N.M. 3, 810 P......
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State v. Benally
...history, legislative purpose, and quantum of punishment prescribed under the statutory scheme. State v. Swick , 2012-NMSC-018, ¶ 33, 279 P.3d 747 ; State v. Gallegos , 2011-NMSC-027, ¶¶ 32-33, 149 N.M. 704, 254 P.3d 655 ; Olsson , 2014-NMSC-012, ¶¶ 23-30, 324 P.3d 1230 ; DeGraff , 2006-NMSC......
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State v. Lymon
...for Count 1. "A denial of a motion for mistrial is reviewed under an abuse of discretion standard." State v. Swick , 2012-NMSC-018, ¶ 68, 279 P.3d 747 (internal quotation marks omitted) (quoting State v. Johnson , 2010-NMSC-016, ¶ 49, 148 N.M. 50, 229 P.3d 523 ). "An abuse of discretion occ......
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State v. Branch
...should not be so mechanical that it is enough for two statutes to have different elements." State v. Swick , 2012-NMSC-018, ¶ 21, 279 P.3d 747. That is, we no longer apply a strict elements test in the abstract; rather, we look to the state's trial theory to identify the specific criminal c......
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