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· 8/4/1992

State v. Swavola

Citations

  • 840 P.2d 1238
  • 114 N.M. 472
  • 1992 WL 319551

How courts have described this case

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

  • holding that a prima facie 12 case of ineffective assistance of counsel is not made when there is a plausible, rational 13 strategy or tactic to explain the conduct of counsel
  • stating that the victim's statement that he desired to reconcile with Defendant was relevant where self defense asserted because it reduced the likelihood he was the first aggressor
  • stating that a prima 9 facie case is not made when there is a plausible, rational strategy or tactic to 10 explain trial counsel’s conduct
  • noting that “acquiescence to the introduction of 10 inadmissible evidence may sometimes be tactically advantageous”
  • stating that an utterance by the victim is relevant to the victim's state of mind under Rule 11-803(C) when the defendant argues self-defense and the statement tends to reduce the likelihood that the victim was the initial aggressor
  • limiting remand in ineffective assistance cases to those \in which the record on appeal establishes a prima facie case of ineffective assistance\

Source: CourtListener parenthetical corpus (CC0).

Judges: Hartz, Donnelly, Bivins

Read full opinion on CourtListener

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.