State v. Parvilus

OPINION

DANIELS, Justice.

I. INTRODUCTION

{1} Over a century ago, the New Mexico Territorial Legislature enacted a civil marital property statute, now codified as NMS A 1978, Section 40-3-3 (1907), recognizing rights of married women to hold separate property but providing that “neither [husband nor wife] can be excluded from the other’s dwelling.” In this criminal case based on events that occurred in 2008, a jury found Defendant Gerard Parvilus guilty of aggravated burglary of his estranged wife’s separate dwelling, murder of her boyfriend, first-degree kidnapping of his wife and her…