New Mexico Court of Appeals· 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 CourtListenerCited by
36 cases in this archive cite this case; the 20 most cited are listed.
- State v. RoybalNew Mexico Supreme Court· 2002-08-19· cited 291×
- State v. TrujilloNew Mexico Supreme Court· 2002-02-05· cited 229×
- State v. MundtOhio Supreme Court· 2007-10-03· cited 199×
- State v. BacaNew Mexico Supreme Court· 1997-11-13· cited 197×
- State v. MartinezNew Mexico Court of Appeals· 1996-09-06· cited 171×
- State v. JacobsNew Mexico Supreme Court· 2000-08-16· cited 170×
- State v. ParedezNew Mexico Supreme Court· 2004-08-31· cited 136×
- State v. Dylan J.New Mexico Court of Appeals· 2009-02-03· cited 133×
- State v. GroganNew Mexico Supreme Court· 2007-06-27· cited 125×
- State v. HunterNew Mexico Supreme Court· 2006-07-26· cited 92×
- State v. MartinezNew Mexico Court of Appeals· 2007-10-04· cited 67×
- State v. TorresNew Mexico Court of Appeals· 2005-04-07· cited 65×
- State v. RichardsonNew Mexico Court of Appeals· 1992-10-07· cited 49×
- State v. WilsonNew Mexico Court of Appeals· 1993-08-30· cited 46×
- Garcia v. StateNew Mexico Supreme Court· 2010-05-13· cited 44×
- State v. BacaNew Mexico Court of Appeals· 1993-04-07· cited 38×
- State v. LamureNew Mexico Court of Appeals· 1992-12-21· cited 33×
- State v. MieraNew Mexico Court of Appeals· 2017-11-27· cited 33×
- State v. DartezNew Mexico Court of Appeals· 1997-10-14· cited 29×
- State v. HosteenNew Mexico Court of Appeals· 1996-09-04· cited 29×
Cites
12 cases in this archive are cited by this case.
- United States v. Roland W. BrownD.C. Circuit· 1974-01-10· cited 216×
- State v. FishNew Mexico Court of Appeals· 1985-04-09· cited 118×
- Gallegos v. Citizens Insurance AgencyNew Mexico Supreme Court· 1989-08-21· cited 111×
- State v. DiazNew Mexico Court of Appeals· 1983-07-28· cited 55×
- State v. FergusonNew Mexico Court of Appeals· 1990-10-30· cited 50×
- State v. StenzNew Mexico Court of Appeals· 1990-01-04· cited 46×
- State v. PowersNew Mexico Court of Appeals· 1990-09-25· cited 42×
- State v. DeanNew Mexico Court of Appeals· 1986-09-09· cited 38×
- State v. TaylorNew Mexico Supreme Court· 1988-03-15· cited 29×
- State v. CrislipNew Mexico Court of Appeals· 1990-04-26· cited 18×
- State v. LarsonNew Mexico Court of Appeals· 1988-03-03· cited 18×
- State v. ReneauNew Mexico Court of Appeals· 1990-11-06· cited 14×
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.