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STATE v. McCLAUGHERTY

No. 24,409.

157 P.3d 33 (2007)

2007-NMCA-041

STATE of New Mexico, Plaintiff-Appellee, v. Charles Isaac McCLAUGHERTY, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted April 2, 2007.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellee.

Freedman Boyd, Daniels Hollander & Goldberg P.A., Zachary A. Ives, Albuquerque, NM, Jones Day, John D. Cline, San Francisco, CA, for Appellant.

Certiorari Granted, No. 30,272, April 2, 2007.

OPINION

WECHSLER, Judge.

{1} Our Supreme Court reversed Defendant's convictions in State v. McClaugherty, 2003-NMSC-006, 133 N.M. 459, 64 P.3d 486, for the State's improper use of hearsay evidence in the course of cross-examining Defendant. Id. ¶¶ 3, 16, 35. The trial prosecutor asked Defendant to comment on alleged...

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