Legal Opinion
State v. Gilbert
New Mexico Supreme Court
Decided October 9, 1967No. 8291PublishedCited by 22 opinions
1Opinion of the Court
OPINION
OMAN, Judge, Court of Appeals.
This is an appeal from an order denying defendant’s motion for post-conviction relief filed pursuant to Rule 93 (§ 21-1-1(93), N.M.S.A.1953, Supp.1967). We affirm.
The point relied on-for reversal is that: “THE DEFENDANT DID NOT UNDERSTANDINGLY AND INTELLIGENTLY WAIVE HIS RIGHTS TO COUNSEL BECAUSE AT NO TIME DID THE TRIAL JUDGE EXPLAIN THE PUNISHMENT PROVIDED BY LAW, ANY POSSIBLE DEFENSES TO THE CHARGES, OR CIRCUMSTANCES IN MITIGATION OF THE CHARGES; AND BECAUSE DEFENDANT WAS CONFUSED AND MISUNDERSTOOD THE SENTENCES POSSIBLE FROM THE CHARGES AGAINST HIM.”
At…
2Cases cited21 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Carnley v. CochranSupreme Court of the United States · 1962
- Von Moltke v. GilliesSupreme Court of the United States · 1948
- Varney v. TaylorNew Mexico Supreme Court · 1966
- Richard A. Sandoval v. Harry C. Tinsley, Warden, Colorado State PenitentiaryCourt of Appeals for the Tenth Circuit · 1964
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Allen v. LeMasterNew Mexico Supreme Court · 2011
- State v. AndazolaNew Mexico Court of Appeals · 2003
- Dyett v. TurnerUtah Supreme Court · 1968
- State v. PadillaNew Mexico Supreme Court · 2002
- State v. KnerrNew Mexico Court of Appeals · 1968
17 more not listed; retrieve them via the Exa API.