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(DOWNLOAD) "State v. Duffy" by New Mexico Supreme Court " eBook PDF Kindle ePub Free

State v. Duffy

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eBook details

  • Title: State v. Duffy
  • Author : New Mexico Supreme Court
  • Release Date : January 20, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Ross C. Sanchez, District Judge OPINION {1} Shawn Matthew Duffy appeals from his convictions of the first-degree felony murder of Elizabeth Somerville, robbery with an old-age enhancement, and tampering with evidence. Duffy raises six issues on appeal. We conclude that Duffy's right to be protected from double jeopardy was violated by his convictions for both felony murder and robbery; that the robbery was a proper predicate felony to the felony murder; that, under the doctrine of cumulative error, Duffy was not denied a fair trial by the admission of prejudicial evidence, by the court's refusal to sever the charge of possession of drug paraphernalia, or by prosecutorial misconduct; and that no evidence should be suppressed because of the warrantless search of Duffy's person and the mobile home in which he was arrested. We affirm Duffy's convictions for felony murder and tampering with evidence, and we vacate, on double-jeopardy grounds, his conviction for robbery. I. FACTS


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