(Download) "State v. Brown" by New Mexico Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Brown
- Author : New Mexico Supreme Court
- Release Date : January 16, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY W. John Brennan, District Judge {1} A jury convicted co-defendants Tyrone Smith and Matt Brown of first degree murder in violation of NMSA 1978, 30-2-1(A)(1) (1994), conspiracy to commit first degree murder in violation of NMSA 1978, 30-28-2(B)(1) (1979), and tampering with evidence in violation of NMSA 1978, 30-22-5 (1963). They appeal these convictions to this Court claiming the trial court erred in several critical areas. {2} Defendants argue that the trial court erred in its refusal to instruct the jury on the lesser included offense of voluntary manslaughter; that this cause should be remanded for a hearing pursuant to Brady v. Maryland, 373 U.S. 83 (1963); that the trial court erred when it admitted the testimony of three witnesses as evidence of prior consistent statements; that the trial court erred in admitting the testimony of the two main prosecution witnesses, because the immunity agreement with one witness was impermissibly coercive and the trial court lacked authority to immunize the other witness; that the court erred in the admission of stipulated testimony; that the jury should have been cautioned regarding accomplice testimony; and that the testimony of witnesses regarding their fear of Defendants was inadmissible hearsay. Because these arguments overlap, we consolidate the two appeals.
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