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eBook details

• Title: State v. Reneau
• Author : New Mexico Court of Appeals
• Release Date : January 06, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Defendant appeals convictions and sentences for voluntary manslaughter and felon in possession of a firearm. She raises four issues on appeal: 1) whether she was entitled to a self-defense instruction that encompassed all the evidence of a long-standing abusive pattern toward her by the victim; 2) whether the trial court erred in admitting evidence of a prior act of violence by defendant against a person not the victim; 3) whether defendant was subjected to double jeopardy from the states use of her prior felonies to prove both felon in possession and habitual offender status; and 4) whether defendant was denied effective assistance of counsel because of counsels failure to call an expert regarding the battered woman syndrome. The motion to amend the docketing statement to include issue 3 is granted. We reverse and remand for a new trial because of the admission of evidence of defendants prior acts of violence. We address the use of defendants prior felonies to prove both felon in possession and habitual offender status only as guidance to the trial court in the event defendant is convicted on remand. In view of our reversal, we find it unnecessary to address issue four concerning ineffective assistance of counsel.

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