It’s 2019, and it’s time for OD to get back on the horse.
The NM Supreme Court has oral arguments today (1/30/19) in two cases:
State v. Ordonez S-1-SC-36123
The court is considering arguments on whether the Defendant, convicted of murder, understood the implications of waiving his Miranda rights. The trial court held that Defendant was psychotic, and suppressed Defendant’s confession, based upon a defense expert’s opinion that the State contends was erroneous. The State further contends that Defendant was capable of understanding his waiver even if he was psychotic.
State v. Semino , S-1-SC-36275,
The State is presenting arguments on an appeal of a decision granting Defendant’s petition for habeas corpus in the State’s action bringing rape charges against Defendant. The trial court’s decision rested on a finding that Defendant’s counsel was ineffective because he 1) failed to have Defendant evaluated for his competence to stand trial, and the State questions whether defense counsel was obligated to recommend an analysis based on the particular health-related facts made known to defense counsel by the Defendant; 2) defense counsel failed to investigate, which the State contends was unrelated or non-dispositive to Defendant’s defense of “consensual sex.”