New Mexico v. Silvas
Annotate this CaseDefendant Donnie Silvas was convicted by jury of trafficking a controlled substance by possession with intent to distribute, and conspiracy to commit trafficking of the controlled substance. Both charges stemmed from one point in time, and a single sale of drugs. The Court of Appeals overturned the conspiracy conviction based on an expanded use of judicial presumption, also known as "Wharton's Rule." After review of the appellate court's decision, the Supreme Court agreed with the decision to reverse the conspiracy charge, it did so on a different ground: double jeopardy. By this opinion, the Court expressly discouraged "any future expansion of Wharton's Rule beyond its original contours."
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