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[Download] "State V. Simpson" by New Mexico Supreme Court * eBook PDF Kindle ePub Free

State V. Simpson

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eBook details

  • Title: State V. Simpson
  • Author : New Mexico Supreme Court
  • Release Date : January 24, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Russell Simpson was convicted by a jury of two counts of homicide by vehicle (vehicular homicide) and one count of great bodily injury by vehicle under NMSA 1978, Subsections 66-8-101(A) and (B) (Cum.Supp.1993).*fn1 He appealed to the New Mexico Court of Appeals, which assigned his case to the summary calendar and in two successive calendar notices proposed summary affirmance. Simpson responded to the first calendar notice but not the second, and the Court of Appeals affirmed the convictions in an unpublished memorandum opinion. Simpson then petitioned this Court for a writ of certiorari, asserting that the statute under which he was convicted was unconstitutional as applied in his case. He raised various other questions for review by this Court on certiorari, including the constitutionality of the summary calendar procedure utilized by the Court of Appeals, as authorized by Rule 12-210 of our Rules of Appellate Procedure, SCRA 1986, 12-210 (Repl.Pamp.1992). We granted the petition under NMSA 1978, Section 34-5-14(B) (Repl.Pamp.1990), to consider the questions of constitutionality and substantial public interest raised by Simpson's petition.


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