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NM Court of Appeals Schedules November 16, 10:30 AM Hearing

November 4, 2015 - Jen Laws

COA LogoThe New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Monday, November 16, 2015. The oral argument is open to the public and begins at 10:30 A.M.

A three-judge panel will preside: Judge Michael E. Vigil, Judge Jonathan B. Sutin (’63), and Judge Timothy L. Garcia (’84)

Following are the details of the case:

STATE OF NEW MEXICO, Plaintiff-Appellee, represented by Hector H. Halderas and Olga Serafimova

vs.

OSCAR ARVIZO, Defendant-Appellant, represented by Jorge A. Alvarado and Steven J. Forsberg

Defendant-Appellant was convicted of criminal sexual contact with a minor and related charges following a jury trial. Defendant-Appellant requests review of: (1) whether the district court erred in excluding evidence of prior sexual conduct; (2) whether the district erred in declining to treat denials of recollection as per se prior inconsistent statements; (3) whether the State presented sufficient evidence that Defendant was a person in position of authority vis-à-vis the victim; (4) whether the State presented sufficient evidence to support Defendant’s conviction of bribery of a witness; (5) whether the district court erred in admitting certain expert testimony; (6) whether the district court erred in denying Defendant’s motion to dismiss premised on lost evidence; (7) whether Defendant’s right to speedy trial was violated; (8) whether any right of the Defendant’s was violated by the trial judge’s recusal post-verdict but pre-sentence; (9) whether prosecutorial misconduct occurred during rebuttal closing argument; and (10) whether Defendant’s convictions should be reversed under the doctrine of cumulative error.

For more information, contact Nora Gonzales at 505-841-4618.