New Mexico v. Ortega

Defendant Nieves Ortega was convicted of one count of wilful and deliberate murder. He was also convicted of conspiracy to commit first-degree murder, attempted first-degree kidnapping, attempted armed robbery, conspiracy to commit robbery, and conspiracy to commit first-degree kidnapping. He was ultimately sentenced to a life sentence. On direct appeal to the Supreme Court, defendant argued: he received ineffective assistance of counsel; that the district court erred in denying an important defense witness use immunity; testimony of the State’s medical expert violated Defendant’s confrontation rights; Defendant’s multiple conspiracy convictions violated double jeopardy; the jury was improperly instructed; the State violated its duty to disclose; and cumulative error. Upon review, the Supreme Court affirmed Defendant’s convictions for first-degree murder, conspiracy to commit first-degree murder, attempted first-degree kidnapping, and attempted armed robbery. The Court vacated Defendant’s convictions for conspiracy to commit robbery and conspiracy to commit first-degree kidnapping on double jeopardy grounds. View "New Mexico v. Ortega" on Justia Law