New Mexico v. Cabezuela
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Defendant directly appealed her conviction for intentional child abuse that resulted in the death of her eight-year-old daughter. On appeal, she argued that: (1) the jury was improperly instructed as to the elements of intentional child abuse; (2) the State failed to present sufficient evidence from which the jury could have convicted her beyond a reasonable doubt; (3) the testimony of the supervising pathologist regarding the child's autopsy violated the Confrontation Clause; and (4) the prosecutor engaged in multiple incidents of prosecutorial misconduct. Upon review of the trial court record, the Supreme Court concluded that: (1) the jury was indeed improperly instructed and (2) the evidence was sufficient to support Defendant's conviction. The Court found that Defendant's claims of prosecutorial misconduct were not preserved for appeal. The Court reversed Defendant's conviction and remanded the case for a new trial.
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