New Mexico v. Lovett

October 1, 2014 by Justia

Defendant Paul Wayne Lovett was charged with murdering two women in two separate, unrelated incidents as well as criminal sexual penetration with respect to one of the victims. Pursuant to Rule 5-203(A) NMRA the two murder charges were joined in one complaint, indictment or information with the intent to try the two murder charges together in one trial. Pursuant to Rule 5-203(C) NMRA Defendant moved to sever the two murder charges into two separate trials. After a hearing, the trial court denied the motion to sever, and Defendant was subsequently convicted of both counts of first-degree murder in one joint trial. Upon review of the case, the Supreme Court concluded that the trial court erred when it failed to sever the murder charges into separate trials. Because the error constituted reversible, non-harmless error in relation to one of the murder convictions, the Court vacated that conviction while upholding the other first-degree murder conviction as well as the conviction for criminal sexual penetration.View "New Mexico v. Lovett" on Justia Law