State v. Lovett, 2012 NMSC 036

Background

Lovett was charged with two counts of first-degree murder (Garcia and Simon) and related counts; murders were joined in one indictment under Rule 5-203 NMRA.
Lovett moved to sever the two murder charges; the trial court denied the motion, and a single death-eligible jury trial proceeded.
Evidence at trial included extensive gruesome evidence, forensic DNA, and Lovett’s recorded interviews spanning both murders.
The State presented overlapping evidence and argument linking the two murders, while Lovett argued the offenses were distinct and should be tried separately.
The jury convicted Lovett of both murders and criminal sexual penetration; he received life sentences for the murders and a conviction on the sexual penetration count.
The Supreme Court reversed one murder conviction (Garcia) and affirmed the other (Simon) and the sexual-penetration conviction, finding reversible error in the failure to sever.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused discretion in denying severance	State argues joinder was proper and efficient; no substantial prejudice.	Lovett asserts severance required; joint trial inseparable prejudicial cross-effects.	Denial was reversible error as to Garcia conviction only.
Whether cross-admissibility of evidence would have been permissible in separate trials	Evidence would be cross-admissible for common purposes and probative of identity.	Much evidence was improper propensity or identity-based only for joined trials.	Not all evidence was cross-admissible; joinder admitted impermissible evidence in violation of Rule 11-404.
Whether the error was harmless as to each conviction	Any error was harmless; sufficient evidence supported convictions anyway.	Error prejudiced Garcia conviction due to intertwining and inflammatory evidence.	Error prejudicial as to Garcia conviction; harmless as to Simon conviction.
Whether the State’s intertwining of two cases affected juror bias	Intertwining aided prosecution in presenting cohesive theory.	Intertwining prejudiced Lovett and biased the jury toward guilt for both crimes.	Drew factors show actual prejudice to Garcia conviction; joinder improper.
Whether the appropriate remedy is vacating the Garcia conviction only	Preserve valid convictions; uphold some verdicts.	Vacate all affected convictions or grant new severed-trial opportunities.	Vacate Garcia conviction; uphold Simon conviction and sexual-penetration conviction.

Key Cases Cited

Gallegos v. State, 2007-NMSC-007 (N.M. 2007) (severance merits and harmless-error framework in multiple prosecutions)
State v. Tollardo, 2012-NMSC-008 (N.M. 2012) (harmless-error standard for nonconstitutional trial errors)
State v. Dominguez, 2007-NMSC-060 (N.M. 2007) (abuse of discretion standard for severance)
State v. Ruiz, 2001-NMCA-097 (N.M. Ct. App. 2001) (limits on other-acts evidence and propensity considerations)
State v. Jones, 2000-NMCA-? (? placeholder for citation) (N.M. Ct. App. 1995) (limitations on other-acts evidence and admissibility)
State v. Paiz, 2011-NMSC-008 (N.M. 2011) (jury instructions and prejudice considerations in severance)
People v. Ewoldt, 7 Cal.4th 380 (Cal. 1994) (standards for cross-admissibility of pattern evidence)
State v. Noble, 90 N.M. 360 (N.M. 1979) (photographic evidence admissibility and relation to identity)
State v. Peters, 1997-NMCA-084 (N.M. Ct. App. 1997) (cross-admissibility and identity evidence in multi-count cases)
State v. Ruiz, 131 P.3d 630 (N.M. App. 2001) (propensity evidence and multiple victims considerations)
Gallegos v. State, 141 P.3d 828 (N.M. 2007) (analysis of severance and harmless-error application)