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STATE v. GROGAN

No. 29,513.

163 P.3d 494 (2007)

2007-NMSC-039

STATE of New Mexico, Plaintiff-Respondent. v. Stanley GROGAN, Defendant-Petitioner.

Supreme Court of New Mexico.

June 27, 2007.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General, Ralph E. Trujillo, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

MAES, Justice.

{1} After a jury trial in which Defendant Stanley Grogan was convicted of two counts of great bodily harm by vehicle, the trial court, on its own motion, ordered a new trial based on its determination that Defendant did not receive a fair trial due to ineffective assistance of counsel and prosecutorial misconduct. The Court of Appeals held that the trial court abused its discretion in ordering...

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