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State v. Hernandez

Citations

  • 846 P.2d 312
  • 115 N.M. 6

How courts have described this case

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

  • holding that defendant must show “that but for counsel’s unprofessional error, the result of the proceeding would have been different” (internal quotation marks and citation omitted)
  • holding that the defendant was not 17 deprived of a potential avenue of defense when defense counsel adequately placed the 18 State’s evidence into question through cross-examination
  • stating that defendant has burden of proving that his attorney’s acts or omissions fell below standard of competency
  • noting that the appellate court does not 3 substitute its judgment for that of the factfinder
  • discussing that in a substantial evidence 4 review, the court “may not reweigh the evidence nor substitute [its] judgment for that 5 of the jury”
  • refusing to find ineffective assistance of counsel because the 4 “[d]efendant has failed to demonstrate that the potential witnesses were willing to 5 testify and would have given favorable evidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Baca, Ransom, Montgomery

Read full opinion on CourtListener

Cited by

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

Cites

43 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.