Legal Opinion
McKay v. Davis
New Mexico Supreme Court
Decided September 30, 1982No. 13945PublishedCited by 29 opinions
1Opinion of the Court
OPINION
PAYNE, Justice.
Frank McKay was arrested for driving while under the influence of liquor (DWI). When the arresting officer requested that he submit to a breath-alcohol test, McKay refused. At the pretrial conference, he informed the appellant, Judge Thomas E. Davis of the Metropolitan Court, that he would move to exclude any references at trial to his refusal to take the test. The Judge then advised McKay that he would permit the introduction of and comment on such evidence. Thereafter, McKay obtained a writ from the District Court prohibiting the introduction of or comment on evidence…
2Cases cited16 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- People v. ThomasNew York Court of Appeals · 1978
- People v. EllisCalifornia Supreme Court · 1966
- Hill v. StateSupreme Court of Alabama · 1979
- State v. NelsonNew Mexico Supreme Court · 1959
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State Ex Rel. Schwartz v. KennedyNew Mexico Supreme Court · 1995
- State v. CopelandNew Mexico Court of Appeals · 1986
- State v. SanchezNew Mexico Court of Appeals · 2001
- State v. SotoNew Mexico Court of Appeals · 2007
- State v. SuazoNew Mexico Supreme Court · 1994
24 more not listed; retrieve them via the Exa API.