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STATE v. HARPER

Nos. 32,388, 32,402.

266 P.3d 25 (2011)

2011-NMSC-044

STATE of New Mexico, Plaintiff-Petitioner, v. Curtis HARPER, Defendant-Respondent. State of New Mexico, Plaintiff-Respondent, v. Curtis Harper, Defendant-Petitioner.

Supreme Court of New Mexico.

November 22, 2011.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Jacqueline R. Medina , Assistant Attorney General, Santa Fe, NM, for State of New Mexico.

Jacqueline L. Cooper , Acting Chief Public Defender, Carlos Ruiz De La Torre , Assistant Appellate Defender, Santa Fe, NM, for Curtis Harper.

OPINION

CHÁVEZ, Justice.

{1} Defendant Curtis Harper was indicted on fifteen counts of criminal sexual penetration of a child under the age of thirteen. During a docket call in December 2006, the district court learned for the first time that not all witness interviews had been conducted, including those of the alleged victim and the doctor who examined her. The district court rescheduled the trial for February 19, 2007, and verbally instructed...

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