(DOWNLOAD) "State V. Benny E." by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State V. Benny E.
- Author : New Mexico Court of Appeals
- Release Date : January 26, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Benny E., a fifteen-year-old child (the child), appeals from the children's court judgment adjudicating him a delinquent child. After a bench trial, the children's court determined that the child had committed criminal sexual contact of a minor. Six issues are raised on appeal: (1) denial of the right to confront a witness; (2) adequacy of notice of the crime charged; (3) unconstitutional vagueness of the statute prohibiting criminal sexual contact of a minor; (4) impropriety of leading the victim as a witness with a drawing or sketch drawn by the children's court judge; (5) inherent improbability that the child committed the offense; and (6) admission of testimony from an allegedly unqualified expert outside her area of expertise. We remand on the first issue because the children's court failed to make particularized findings that the victim would suffer unreasonable and unnecessary mental or emotional harm if required to testify in the child's presence. Unpersuaded by the child's arguments in connection with the remaining issues, we decide those issues against him and affirm the judgment as to those issues.
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