Legal Opinion

State v. Helker

New Mexico Court of Appeals

Decided December 2, 1975No. 1798PublishedCited by 28 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Defendant appeals a conviction of attempted rape, sodomy and aggravated burglary. He alleges four points for reversal which relate to: (1) lack of a full volun-tariness hearing on a confession; (2) ineffective assistance of counsel; (3) commenting on defendant’s failure to testify; and, (4) the unconstitutionality of the sodomy statute.

V oluntdriness Hearing

Defendant’s trial attorney had known of the purported confession several months prior to trial. He did not file a motion to suppress within the time prescribed by R.Cr.P. 18, § 41-23-18, N.M.S.A. 1953 (2d Repl. Vol.…

Also in this document: Concurrence.

2Cases cited21 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. Jones v. United StatesSupreme Court of the United States · 1960
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. Griffin v. CaliforniaSupreme Court of the United States · 1965
  5. United States v. Charles T. Bennett, Wilbert Haywood, Elmer Jessup, Henry Stanton and Farris ThomasCourt of Appeals for the Second Circuit · 1969

16 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. State v. MartinezNew Mexico Court of Appeals · 1996
  2. State v. McCarterNew Mexico Supreme Court · 1980
  3. State v. AragonNew Mexico Court of Appeals · 1976
  4. State v. RodriguezNew Mexico Court of Appeals · 1988
  5. State v. DeanNew Mexico Court of Appeals · 1986

23 more not listed; retrieve them via the Exa API.

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