New Mexico v. Fernandez (Published Opinion)
Annotate this CaseDefendant Albert Fernandez appealed his conviction for battery upon a peace officer. The New Mexico Supreme Court granted Defendant’s petition for certiorari review to determine whether: (1) the district court incorrectly admitted Defendant’s prior conviction for battery upon a peace officer; (2) cumulative error deprived Defendant of a fair trial; and (3) the Court of Appeals improperly decided Defendant’s appeal without considering his reconstructed testimony. After such review, the Supreme Court found that the district court abused its discretion in admitting Defendant’s prior conviction for battery upon a peace officer. The Court therefore reversed the Court of Appeals and remanded for a new trial. In light of its reversal, the Supreme Court concluded it was unnecessary to address the merits of Defendant’s claim of cumulative error. Finally, the Court concluded Defendant’s request to supplement the record with his reconstructed testimony was resolved by the Court of Appeals and was therefore moot.
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