Legal Opinion

State v. Gruender

New Mexico Court of Appeals

Decided November 5, 1971No. 663PublishedCited by 25 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Convicted of burglary defendant appeals, asserting five points for reversal: (1) the prosecuting attorney made an impermissible comment in his opening statement regarding defendant’s right to remain silent; (2) there is substantial evidence that the statement given by defendant was not freely and voluntarily given; (3) the statement given did not admit an essential element of the crime charged; (4) it was error to refuse defendant’s requested instruction that the jury must find defendant innocent if a conclusion of innocence could reasonably be drawn from the evidence;…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. State v. NanceNew Mexico Supreme Court · 1966
  3. State v. McFerranNew Mexico Court of Appeals · 1969
  4. State v. MillerNew Mexico Supreme Court · 1966
  5. State v. BurkNew Mexico Court of Appeals · 1971

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

3Cited by25 opinions

  1. State v. ClarkNew Mexico Supreme Court · 1989
  2. State v. MartinezNew Mexico Court of Appeals · 1982
  3. State v. HelkerNew Mexico Court of Appeals · 1975
  4. State v. BachichaNew Mexico Court of Appeals · 1972
  5. State v. TijerinaNew Mexico Court of Appeals · 1972

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

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