(DOWNLOAD) "State V. Scott" by New Mexico Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: State V. Scott
- Author : New Mexico Court of Appeals
- Release Date : January 27, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Defendant appeals his jury convictions under one count of criminal sexual contact of a minor (CSCM), in violation of NMSA 1978, Section 30-9-13(B) (Repl. Pamp. 1984), and one count of criminal sexual penetration with great mental anguish, in violation of NMSA 1978, Section 30-9-11(A)(2) (Repl. Repl. 1984). The facts forming the basis for the criminal charges involving the sexual penetration of defendant's granddaughter are discussed within our respective analysis of each issue. Defendant raises five issues on appeal: (1) the trial court erred in admitting evidence of prior sexual misconduct by defendant against the victim; (2) the trial court erred in restricting admission of evidence to show the victim's previous and allegedly false allegations of rape and sexual misconduct; (3) the trial court committed cumulative error with respect to issues one and two; (4) trial counsel's failure to call certain witnesses constituted ineffective assistance of counsel; and (5) Section 30-9-13(B) is unconstitutional for overbreadth. Other issues listed in the docketing statement but not briefed are deemed abandoned. See State v. Aragon, 109 N.M. 775, 788 P.2d 632 (Ct. App. 1990). We are not persuaded by defendant's arguments with respect to all issues and thus affirm the convictions.