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State v. McCrary

Citations

  • 675 P.2d 120
  • 100 N.M. 671

How courts have described this case

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

  • holding that where defendant’s conduct creates a high degree of risk, subjective knowledge is inferred by circumstantial evidence tending to prove defendant should have realized the risk under the circumstances
  • holding that the defendants’ agreement to a six-month extension under then Rule of Criminal Procedure 37 precluded them from asserting their right to a speedy trial during the time of the extension
  • holding that where defendant’s conduct creates a high degree of risk, subjective knowledge is inferred by circumstantial evidence tending to prove defendant should have realized the risk under the circumstances
  • finding that the State had good cause to file nolle prosequis and subsequently charge the defendants with higher-degree offenses
  • stating that committee commentary is not binding authority
  • “[T]he element of intent is seldom susceptible to direct proof and accordingly may be proved by circumstantial evidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Payne, Federici, Riordan, Stowers, Sosa

Read full opinion on CourtListener

Cited by

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

Cites

24 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.