New Mexico Supreme Court· 1/25/1990
Callaway v. State
Citations
- 785 P.2d 1035
- 109 N.M. 416
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, because a witness made an unsolicited, improper remark, the trial court should have offered a cautionary instruction, rather than declaring a mistrial
- holding that while cooperation with authorities may be a mitigating factor, failure to cooperate may not be used to aggravate a sentence
- stating that the trial court failed to consider alternatives to a mistrial
- reversing the grant of a mistrial “irrespective of the fact the trial court failed to issue findings and conclusions on why it ordered the mistrial”
- after witness made unsolicited improper remark, court should have given admonition to jury rather than declare mistrial
Source: CourtListener parenthetical corpus (CC0).
Judges: Sosa, Baca, Ransom, Montgomery, Wilson
Read full opinion on CourtListenerCited by
10 cases in this archive cite this case.
- County of Los Alamos v. TapiaNew Mexico Supreme Court· 1990-04-12· cited 66×
- State v. RoperNew Mexico Court of Appeals· 2001-10-30· cited 58×
- State v. CumptonNew Mexico Court of Appeals· 2000-02-08· cited 33×
- State v. GibsonNew Mexico Court of Appeals· 1992-02-10· cited 30×
- State v. WhitakerNew Mexico Court of Appeals· 1990-02-06· cited 22×
- State v. SosaNew Mexico Supreme Court· 1996-10-07· cited 15×
- State v. YazzieNew Mexico Court of Appeals· 2010-02-17· cited 12×
- State v. GutierrezNew Mexico Supreme Court· 2014-08-07· cited 11×
- State v. AlbericoNew Mexico Court of Appeals· 1991-09-26· cited 6×
- Molinar v. StateNew Mexico Supreme Court· 1990-02-27
Cites
10 cases in this archive are cited by this case.
- Arizona v. WashingtonSupreme Court· 1978-02-21· cited 2,314×
- United States v. JornSupreme Court· 1971-01-25· cited 2,215×
- State v. SaavedraNew Mexico Supreme Court· 1988-12-21· cited 39×
- State v. GardnerNew Mexico Court of Appeals· 1985-08-08· cited 26×
- State v. FlickSupreme Judicial Court of Maine· 1985-07-12· cited 26×
- Braxton v. United StatesDistrict of Columbia Court of Appeals· 1978-10-25· cited 25×
- State v. SedilloNew Mexico Court of Appeals· 1975-07-16· cited 21×
- State v. MessierNew Mexico Court of Appeals· 1984-08-07· cited 20×
- Porter v. FergusonWest Virginia Supreme Court· 1984-12-21· cited 17×
- State v. CallawayNew Mexico Court of Appeals· 1989-11-07· cited 7×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.