(Download) "State v. Foster" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State v. Foster
- Author : New Mexico Court of Appeals
- Release Date : January 22, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY David W. Bonem, District Judge OPINION {1} Defendant appeals his convictions on one count of second degree murder, four counts of child abuse, and one count of carrying a concealed weapon. He claims that (1) the prosecutor committed reversible error by commenting on his silence after being arrested and given Miranda warnings; (2) re-prosecution of Defendant was barred on double-jeopardy grounds because prosecutorial misconduct caused his first trial to end in a mistrial; (3) the district court erroneously denied his motions for a mistrial after a prosecution witness implied that Defendant and his brother had committed prior bad acts; (4) the district court committed reversible error by permitting the prosecutor to use as a demonstrative exhibit a mannequin dressed in the victim's bloody clothes; and (5) Defendant was denied effective assistance of counsel. We affirm the convictions. I. BACKGROUND