STATE v. OLIVAS

No. 18044.

954 P.2d 1193 (1998)

124 N.M. 716

1998-NMCA-024

STATE of New Mexico, Plaintiff-Appellee, v. Genaro OLIVAS, Defendant-Appellant.

Court of Appeals of New Mexico.

January 13, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, M. Anne Kelly, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

Paul J. Kennedy, Albuquerque, for Defendant-Appellant.


OPINION

PICKARD, Judge.

1. This case involves the extension of use immunity to statements made during the course of court-ordered treatment and a psychological evaluation. Following a jury trial, Defendant was convicted of intentional child abuse resulting in death. On appeal, Defendant raises two issues: (1) whether a Kastigar hearing was required to determine if the State and its witnesses had been exposed to immunized statements made by...

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