Albuquerque, NM
Criminal defense Lawyer at Albuquerque, NM
Practice Areas: Criminal Defense
OUTCOME: Pathologist could base her expert testimony on inadmissible evidence within limits.
The State wanted to present the testimony of the pathologist who played no role in an autopsy in violation of Ms. Gonzales right to confront and cross-examine the witnesses against pursuant to the 6th ... Amendment of the United States Constitution.
OUTCOME: Client was found not guilty.
Client was charges with first degree murder. A jury trial was held. Client shot a man who attacked him with a huge mag-lite flashlight. The jury was instructed on self-defense.
OUTCOME: The judge denied the state's request to instruct the jury under the old law.
The State tried to have the jury instructed about a "guilty but mentally ill" type of verdict. The New Mexico Legislature had repealed the law prior to the client's jury trial.
OUTCOME: The trial court ruled that the DNA evidence was not scientifically acceptable for use at trial.
Motion to exclude expert testimony about DNA evidence - Daubert issue. Client charged with first degree murder, kidnapping and rape. Certain DNA evidence was challenged as being scientifically deficie ... nt.
OUTCOME: The death penalty was not allowed.
This appeal was taken from the District Court’s denial of Ms. Smallwood’s Motion to Strike the Death Penalty due to the State filing its Notice of Intent to seek the death penalty eight (8) days late. ... The Court reversed the District Court eliminating the death penalty from Ms. Smallwood’s case. The State had also contested the jurisdiction of the Supreme Court to entertain this interlocutory appeal. The case made new law in New Mexico by holding that the New Mexico Supreme Court has interlocutory jurisdiction in death penalty cases.
OUTCOME: Client got a new sentencing hearing.
Client's sentence violated the double jeopardy clause of the United States Constitution.
OUTCOME: The client got a new trial.
The South Dakota Supreme Court reversed Mr. Red Star's conviction because the lower court improperly admitted evidence. Fundamental fairness required that a criminal defendant be afforded a meaningful ... opportunity to present a complete defense.
OUTCOME: The South Dakota Supreme Court found that the trial court's rulings operated to deprive Blackwell of a protected property interest in his dog.
Henry Blackwell Sr. (Blackwell) owned of a dog declared by the city animal control officer to be "dangerous" pursuant to Pierre City Ordinance. He was subsequently convicted under the Ordinance which ... made it a crime to violate the Ordinance. Blackwell challenged the conviction on the basis that the ordinances themselves are unconstitutional and that his constitutional right to procedural due process had been violated.
OUTCOME: The Court granted Defendant’s Motion to reduce sentence pursuant to USSG § 5K2.12, Coercion and Duress.
Lambert age 18 was charged with Second Degree Murder. He pleaded guilty to the offense and successfully argued a substantially reduced sentence under the United States Sentencing Guidelines.
OUTCOME: Not guilty by reason of insanity.
Josh age 18 was stopped for underage drinking in his car. He was armed with a single action 45 revolver and Officer testified that Josh held the loaded weapon to his head and that the gun was in a coc ... ked position. Josh took a police officer to a secluded rural gravel pit where officer escaped and shots were fired. The entire course of events was video and audio recorded. Jurors heard evidence of the police officer begging for his life and Josh threatening to kill the officer over and over again.
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