(DOWNLOAD) "State V. Duran" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Duran
- Author : New Mexico Supreme Court
- Release Date : January 12, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The defendant was sentenced to life imprisonment plus ten years upon his conviction of first degree murder and armed robbery. He contends there was insufficient evidence to support conviction and that due process was violated because, as a result of prosecutorial misconduct, he was denied his right to a fair trial. Two secondary points are presented in accordance with State v. Franklin, 78 N.M. 127, 129, 428 P.2d 982, 984 (1967), requiring appointed counsel to set forth contentions urged by the defendant regardless of whether counsel believes they are meritorious and whether such contentions in fact are argued by counsel. Those issues, which concern the trial court's refusal to give an instruction not permitted under the Use Note following SCRA 1986, 14-5150, and a bare contention that defendant's photograph used in a photo array was taken without his permission, are devoid of merit; consequently, we do not address them.
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