New Mexico Court of Appeals· 2/26/1987
State v. Apodaca
Citations
- 735 P.2d 1156
- 105 N.M. 650
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[w]hether 6 the general public may be excluded from a trial is a matter resting within the 7 discretion of the trial court”
- holding that portions of Section 31-6-1 are merely directory
- rejecting the defendant’s claim of prejudice as speculative where the 11 district court excluded everyone from the courtroom except the victim’s family and 12 the defendant argued that it showed that the court believed the victim and favored the 13 prosecution
- “[A] complete failure to swear the jury cannot be waived and a conviction by an unsworn jury is generally held to be a nullity.” (emphasis added)
- \[A] complete failure to swear the jury cannot be waived and a conviction by an unsworn jury is generally held to be a nullity.\ (emphasis added)
- “[Wjhere the jury is sworn during trial, but prior to commencement of deliberations upon the verdict, the error does not warrant reversal in the absence of prejudice.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Minzner, Bivins, Garcia
Read full opinion on CourtListenerCited by
14 cases in this archive cite this case.
- Washington v. WhitakerSupreme Court of South Carolina· 1994-12-19· cited 49×
- Alston v. StateCourt of Appeals of Maryland· 2010-05-11· cited 35×
- State v. GarciaNew Mexico Court of Appeals· 1990-06-05· cited 29×
- State v. ArellanoNew Mexico Supreme Court· 1998-08-14· cited 24×
- People v. MoralesAppellate Division of the Supreme Court of New York· 1991-05-31· cited 23×
- State v. RobergeSupreme Court of Vermont· 1990-08-24· cited 16×
- State v. BentNew Mexico Supreme Court· 2012-10-22· cited 13×
- de Leon v. HartleyNew Mexico Supreme Court· 2013-12-30· cited 7×
- Jackson v. Superior Court of Contra Costa Cnty.California Court of Appeals, 5th District· 2018-07-24· cited 4×
- State v. ArellanoNew Mexico Court of Appeals· 1997-05-01· cited 3×
- State v. BentNew Mexico Court of Appeals· 2011-06-28· cited 1×
- DeLeon v. HartleyNew Mexico Supreme Court· 2013-12-30
- Jackson v. Superior CourtCalifornia Court of Appeal· 2018-07-24
- Pueblo v. Bonilla PeñaSupreme Court of Puerto Rico· 2011-11-03
Cites
13 cases in this archive are cited by this case.
- Buzbee v. DonnellyNew Mexico Supreme Court· 1981-09-25· cited 99×
- State v. LopezNew Mexico Supreme Court· 1973-04-13· cited 60×
- State v. VenegasNew Mexico Supreme Court· 1981-05-05· cited 45×
- State v. GunthorpeNew Mexico Court of Appeals· 1970-02-20· cited 30×
- United States v. Arvil Sutton HopkinsFifth Circuit· 1972-04-27· cited 27×
- State v. GodfreyCourt of Appeals of Arizona· 1983-04-21· cited 24×
- Brown v. BrownSupreme Court· 1966-10-10· cited 23×
- State v. VelasquezNew Mexico Supreme Court· 1966-03-07· cited 16×
- Steele v. StateIndiana Court of Appeals· 1983-03-16· cited 13×
- State v. LeatherwoodNew Mexico Supreme Court· 1920-11-29· cited 13×
- State v. MazurekNew Mexico Court of Appeals· 1975-06-04· cited 12×
- State v. BallingerNew Mexico Court of Appeals· 1983-03-15· cited 12×
- State v. PadillaNew Mexico Court of Appeals· 1978-07-05· cited 8×
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.