Legal Opinion
State v. Padilla
New Mexico Court of Appeals
Decided May 20, 1996No. 16430PublishedCited by 17 opinions
1Opinion of the Court
OPINION
BOSSON, Judge.
1. In this appeal, we determine whether under the aggravated burglary statute, NMSA 1978, § 30-16-4(B) (Repl.Pamp.1994), a defendant “arms himself with a deadly weapon” when he steals a knife during a burglary but does not use or threaten to use that knife as a weapon. We also discuss the risks in using a showup identification as evidence, particularly when the accused is not positively identified at trial by that witness. Finally, we discuss summarily a comment by the prosecutor on Defendant’s failure to testify when defense counsel opens the door. We affirm.
FACTS
2. The…
2Cases cited32 opinions
- Neil v. BiggersSupreme Court of the United States · 1972
- Manson v. BrathwaiteSupreme Court of the United States · 1977
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- United States v. RobinsonSupreme Court of the United States · 1988
27 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. NICK R.New Mexico Supreme Court · 2009
- Patterson v. LeMasterNew Mexico Supreme Court · 2001
- State v. SmithNew Mexico Supreme Court · 2001
- State v. BrownWashington Supreme Court · 2007
- State v. AndersonNew Mexico Court of Appeals · 2001
12 more not listed; retrieve them via the Exa API.