· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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