STATE v. JOJOLA

No. 29,441.

146 P.3d 305 (2006)

2006-NMSC-048

STATE of New Mexico, Plaintiff-Petitioner, v. Sonia, JOJOLA, Defendant-Respondent.

Supreme Court of New Mexico.

October 18, 2006.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Jacqueline R. Medina, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Cynthia S. Sully, Assistant Appellate Defender, Santa Fe, NM, for Respondent.


OPINION

CHtilde;VEZ, Justice.

{1} Defendant appeals from her conviction by a jury of child abuse resulting in death. Approximately five hours into deliberations, a juror approached the trial judge in chambers to complain that another juror had announced that she did not believe the State's expert testimony and that she would not change her mind about Defendant's innocence. The judge instructed the juror to "just report that you are hung" and to "do whatever...

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