STATE v. FOSTER

No. 18,450.

967 P.2d 852 (1998)

126 N.M. 177

1998-NMCA-163

STATE of New Mexico, Plaintiff-Appellee, v. Eugene FOSTER, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 6, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, for Appellee.

Hilary Lamberton, Lamberton & Riedel, Santa Fe, for Appellant.


OPINION

HARTZ, Chief Judge.

{1} Defendant appeals his convictions on one count of second degree murder, four counts of child abuse, and one count of carrying a concealed weapon. He claims that (1) the prosecutor committed reversible error by commenting on his silence after being arrested and given Miranda warnings; (2) re-prosecution of Defendant was barred on double-jeopardy grounds because prosecutorial misconduct caused his first trial to...

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