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Raising and Preserving for Review Claims for Expanded Protections for Criminal Defendants under the New Mexico State Constiution

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Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/2930

Raising and Preserving for Review Claims for Expanded Protections for Criminal Defendants under the New Mexico State Constiution

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Title: Raising and Preserving for Review Claims for Expanded Protections for Criminal Defendants under the New Mexico State Constiution
Author: Thompson, Bruce Evan
Subject: Constitutionality
New Mexico Constitution
United States Constitution
Interstitialism
New Mexico Supreme Court
Criminal Defendants
State Court Decisions
Abstract: I intend for this paper to lay a basic groundwork for defense counsel in New Mexico to use in the preservation and advocacy of criminal defendants' state constitutional claims. It bears stating at the outset that perhaps the greatest pitfall for an advocate in this field is for one to make the assumption that, because the New Mexico Supreme Court has refused to grant a particular constitutional protection in the past, that ruling cannot be successfully challenged in the future. For reasons that will become clear, New Mexico's "interstitial" approach to constitutional jurisprudence permits (and in fact encourages) appellate review of earlier rulings that were based solely on an interpretation of the federal constitution.
Date: 2003
Description: 13 p. ; An outstanding student paper selected as a winner of the Don G. McCormick Prize.
URI: http://hdl.handle.net/1928/2930


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