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SANTA FE, N.M. (AP) — A man’s first-degree murder conviction in a 2011 killing has been overturned because a trial prosecutor got a police detective to testify that the defendant invoked his right to counsel and wouldn’t speak with police.

The New Mexico Supreme Court’s ruling Thursday says John “Jack” McDowell Jr.’s right to due process was violated and that he’s entitled to a new trial in the fatal stabbing of James Chavez during a fight at his Rio Rancho home.

The ruling says New Mexico courts have long held that prosecutors can’t comment in court on a defendants’ right to remain silent under the Fifth Amendment to the U.S. Constitution.