(DOWNLOAD) "State v. Pacheco" by Supreme Court of the State of Oklahoma " Book PDF Kindle ePub Free
eBook details
- Title: State v. Pacheco
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 27, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
1 In this case, an interpreter was sworn to interpret for two non-English speaking jurors throughout the court proceedings. Defendant appealed his convictions asserting that the interpreter should not have been present during jury deliberations without being given an additional instruction not to participate in the deliberations. The New Mexico Court of Appeals agreed in a majority opinion, holding that the trial court should have given a pre-deliberation instruction to the interpreter as suggested by the Non-English Speaking Juror Guidelines (NES Guidelines). State v. Pacheco, 2006-NMCA-002, 10, 18, 138 N.M. 737, 126 P.3d 553; see NES Guidelines, § III(C)(5) (attached as Appendix C to this opinion). Because the trial court did not give a pre-deliberation instruction to the interpreter, the Court of Appeals concluded the interpreter was not authorized to be in the jury room during deliberations, and thus, Defendant was presumptively prejudiced. Pacheco, 2006-NMCA-002, 18, 21. Finding that the State made no attempt to overcome the presumption of prejudice, the Court of Appeals reversed Defendants convictions and remanded for a new trial. Id. 21-22.