Legal Opinion

State v. Gutierrez

New Mexico Court of Appeals

Decided May 26, 2005No. 23,753PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WECHSLER, J.

{1} Defendant appeals his convictions for intimidation of a witness, aggravated stalking, criminal damage to property, telephone harassment, and evading and eluding a police officer. Defendant argues on appeal that his convictions should be reversed because the prosecutor inappropriately mentioned Defendant’s refusal to submit to a polygraph examination during opening statement. Defendant also argues that the district court erred in denying his motion for directed verdict as to the evading and eluding charge. We conclude that the prosecutor improperly commented on…

2Cases cited25 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. HastingSupreme Court of the United States · 1983
  3. Wainwright v. GreenfieldSupreme Court of the United States · 1986
  4. United States v. WaltonCourt of Appeals for the Sixth Circuit · 1990
  5. State v. DriverSupreme Court of New Jersey · 1962

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3Cited by7 opinions

  1. State v. GutierrezNew Mexico Supreme Court · 2007
  2. State v. PadillaNew Mexico Court of Appeals · 2006
  3. State v. PadillaNew Mexico Court of Appeals · 2006
  4. State v. HendersonNew Mexico Court of Appeals · 2006
  5. State v. JimenezNew Mexico Court of Appeals · 2017

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