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State v. Day

Citations

  • 617 P.2d 142
  • 94 N.M. 753

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting cross-examination of defendant concerning prior robbery conviction was permissible under Rule 609 in light of fact that robbery involves dishonesty
  • while conduct of prosecutor cannot be condoned, it should not ordinarily bar retrial of charges against defendant
  • “Use of the motion for a mistrial is not appropriately addressed to mere erroneous rulings of law, but generally is used to specify such fundamental error in a trial as to vitiate the result.”
  • if comments of prosecutor result in mistrial, but do not appear to be the result of a plan or scheme to cause mistrial, such conduct “may be punished ... by enforcing strict attorney discipline in court”
  • in an aggravated burglary trial, allowed prior robbery conviction
  • shoplifting involves dishonesty or false statement

Source: CourtListener parenthetical corpus (CC0).

Judges: Felter, Easley, Payne, Federici, Sosa

Read full opinion on CourtListener

Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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.