(DOWNLOAD) "Molinar v. State" by New Mexico Supreme Court No. 18939 # Book PDF Kindle ePub Free

August 28, 2021

eBook details

Title: Molinar v. State
Author : New Mexico Supreme Court No. 18939
Release Date : January 27, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

Per Curiam. Petitioner, Mike C. Molinar, has petitioned us for a writ of certiorari, seeking reversal of his conviction in State v. Molinar, Ct. App. No. 10,982, November 11, 1989, Apodaca, J., dissenting. We granted his petition, and have issued the writ. Upon review of the case, we find that Molinar was a co-defendant with Terry Callaway in the latter's trial. See State v. Callaway, Ct. App. No. 10,966, November 7, 1989, Apodaca, J., dissenting, reversed, Callaway v. State, 109 N.M. 416, 785 P.2d 1035 (1990), Baca, J., dissenting. As in Callaway, petitioner objected to the trial court's sua sponte order of mistrial. We thus conclude that petitioner's second trial was constitutionally invalid, for the same reasons we gave in Callaway.