Court Refines Rules on Multiple Punishment Claims

The New Mexico Supreme Court May 24 recognized that double jeopardy claims in some cases will require courts to apply a modified version of the strict elements-based test applied in Blockburger v. United States, 284 U.S. 299 (1932). (State v. Gutierrez)

The defendant in this case was found guilty of committing a fatal carjacking. His convictions included one under a statute that prohibits the taking of a motor vehicle by use of force or threatened force, and another under a statute that prohibits taking anything of value by force or threatened force. In State v. McGruder, 940 P.2d ...