State v. Samora
2013 NMSC 038
N.M.2013Background
- Samora was convicted of first-degree murder and related crimes for a girlfriend’s bludgeoning death, a robbery, and a stabbing at an Albuquerque store.
- During voir dire, prospective juror Haros was dismissed for inadequate English understanding after the court learned he could not follow all voir dire without an interpreter.
- Defense objected to the dismissal on theory that Haros could understand English well enough, but the court dismissed him for failure to participate meaningfully.
- Samora argues the dismissal violated Article VII, Section 3 of the New Mexico Constitution, and that the error, though unpreserved, warrants reversal.
- The Court treats preservation rules but ultimately holds the error was not fundamental and declines reversal, affirming the convictions.
- The opinion emphasizes the shared responsibility of judges, defense, and prosecutors to protect non-English-speaking jurors’ rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juror’s dismissal violated Article VII, §3 NM Constitution | Samora | Samora | Yes, violation occurred; but not fundamental error. |
| Whether unpreserved error warrants reversal as fundamental error | State | Samora | No, unpreserved error not fundamental; convictions affirmed. |
| Whether other claimed errors merit reversal | State | Samora | Without merit; no reversible error found. |
| Whether speedy-trial and other issues are preserved or prejudicial | State | Samora | No reversible prejudice; claims rejected. |
| Whether cumulative error doctrine applies | State | Samora | Inapplicable; no sufficient errors to cumulate. |
Key Cases Cited
- State v. Rico, 2002-NMSC-022 (NM Supreme Court 2002) (non-English-speaking juror rights; interpreting requirements)
- State v. Pacheco, 2007-NMSC-009 (NM Supreme Court 2007) (preservation and constitutionality of juror language rights)
- State v. Duarte, 2007-NMCA-012 (NM Court of Appeals 2007) (preservation and prejudice in disclosure timing)
- State v. Harper, 2011-NMSC-044 (NM Supreme Court 2011) (prejudice and disclosure timing considerations)
- State v. Swick, 2012-NMSC-018 (NM Supreme Court 2012) (fundamental error standard for reversal)
- State v. Garza, 2009-NMSC-038 (NM Supreme Court 2009) (speedy-trial factors and prejudice analysis)
- State v. Spearman, 2012-NMSC-023 (NM Supreme Court 2012) (speedy-trial analysis and defendant conduct)
- State v. Baca, 1983-NMSC-049 (NM Supreme Court 1983) (standard for partial juror bias and prejudice burden)
- State v. Singleton, 2001-NMCA-054 (NM Court of Appeals 2001) (rejection of fundamental-error claim without preserved error)