STATE v. STEVENS

No. 13524.

633 P.2d 1225 (1981)

96 N.M. 627

STATE of New Mexico, Petitioner, v. Willie James STEVENS, Respondent.

Supreme Court of New Mexico.

September 15, 1981.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Charles F. Noble, Asst. Atty. Gen., Santa Fe, for petitioner.

John B. Bigelow, Chief Public Defender, Melanie S. Kenton, Asst. Appellate Defender, Santa Fe, for respondent.


OPINION

PAYNE, Justice.

The defendant, Willie James Stevens, was convicted of second-degree murder under the third of a series of successively more serious indictments. On appeal he alleged, among other things, that the enhanced successive reindictments which resulted in his conviction violated his right to due process. The Court of Appeals overturned the conviction, holding that the reindictments created a presumption of vindictiveness on the part of the...

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