Legal Opinion

State v. Duncan

New Mexico Supreme Court

Decided January 31, 1991No. 19250PublishedCited by 18 opinions

1Opinion of the Court

OPINION

MONTGOMERY, Justice.

The State petitioned for a writ of certiorari to the court of appeals, asking .that we review this question: “Whether character evidence of an alleged coercer is a critical element of the defense of duress?” 1

We agree with the State that it is not and that the court of appeals erroneously held that it is. However, we disagree with the State’s further contention that the court of appeals erroneously ruled that the character evidence in this case should have been admitted into evidence and that the trial court’s refusal of the evidence was reversible error entitling…

2Cases cited5 opinions

  1. Smith v. StateNew Mexico Supreme Court · 1976
  2. State v. BeachumNew Mexico Court of Appeals · 1972
  3. Mac Tyres, Inc. v. VigilNew Mexico Supreme Court · 1979
  4. State v. BazanNew Mexico Court of Appeals · 1977
  5. State v. HookMissouri Court of Appeals · 1968

3Cited by18 opinions

  1. United States v. Ronald Keiser, Jr.Court of Appeals for the Ninth Circuit · 1995
  2. State v. AndersonNew Mexico Supreme Court · 1994
  3. State v. StanleyNew Mexico Supreme Court · 2001
  4. State v. HernandezIdaho Court of Appeals · 1999
  5. State v. DuncanNew Mexico Court of Appeals · 1994

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