State v. Flores
2015 NMCA 002
N.M. Ct. App.2014Background
- Defendant Flores was convicted of second-degree murder, three counts of aggravated battery with a deadly weapon, and one count of aggravated battery on a household member arising from two incidents in 2011.
- February 12, 2011: Flores allegedly rammed Mah’s vehicle after finding him with another woman; charged with aggravated battery on a household member.
- November 1, 2011: Flores rear-ended Mah’s vehicle, causing a crash in which a bystander (Vann) died; charged with second-degree murder and four counts of aggravated battery with a deadly weapon.
- Charges from both incidents were joined and tried jointly despite a pretrial motion to sever, which was denied; Flores was convicted on all counts.
- Flores moved for a new trial after learning Spanish-only jurors were systematically excluded from the panels from which her jury was selected; a hearing was held on the issue.
- The district court acknowledged a clerk’s policy placing all Spanish-only speakers on one panel, allegedly to reduce interpreter costs; Flores’ motion was denied and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was systematic exclusion of Spanish-only jurors. | Flores argues the clerk’s policy systematically excluded Spanish-only speakers from panels. | Flores contends the exclusion violated the right to a fair cross-section of the community. | No prima facie evidence of systematic exclusion established. |
| Whether Section 38-5-16Waiver barred the objection. | State argues Flores waived objections by not objecting before voir dire. | Flores did not know of the system until after trial; waiver should not apply. | Waiver did not bar the objection; de novo interpretation applied. |
| Whether the district court erred in denying severance of charges. | State contends joinder was proper due to cross-admissibility of evidence. | Severance required to avoid prejudice; February incident evidence would be improper under Rule 11-404(B). | No abuse of discretion; cross-admissibility supported denial of severance. |
Key Cases Cited
- State v. Casillas, 145 N.M. 783 (2009-NMCA-034) (two-step test for fair cross-section; prima facie analysis per Duren)
- Duren v. Missouri, 439 U.S. 357 (1979) (establishes prima facie fair cross-section framework)
- Aragon, 109 N.M. 197, 784 P.2d 16 (1989-NMSC-077) (impartial jury cross-section; distinguishes from prosecutorial discrimination)
- State v. Lovett, 286 P.3d 265 (2012-NMSC-036) (abuse of discretion standard for severance; cross-admissibility analysis)
- State v. Samora, 307 P.3d 328 (2013-NMSC-038) (concerning Article VII, Section 3 of NM Constitution and Spanish-speaking jurors)
- United Rentals Nw., Inc. v. Yearout Mech., Inc., 237 P.3d 728 (2010-NMSC-030) (statutory interpretation; preservation and waiver context)