Legal Opinion
State v. Gutierrez
New Mexico Court of Appeals
Decided February 17, 1995No. 15391PublishedCited by 8 opinions
1Opinion of the Court
OPINION
HARTZ, Judge.
When is the constitutional privilege against compulsory self-incrimination self-executing; that is, when is a person’s answer to a question protected by the privilege even though the person did not invoke the privilege at the time? Or, to be more precise, when are the circumstances surrounding the asking of a question so inherently coercive that any answer is “compelled” in the constitutional sense? This appeal does not require us to provide a universal answer, but it raises the issue in an interesting context.
Defendant appeals his conviction for possession of cocaine. His…
2Cases cited27 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Simmons v. United StatesSupreme Court of the United States · 1968
- Garrity v. New JerseySupreme Court of the United States · 1967
- Minnesota v. MurphySupreme Court of the United States · 1984
22 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. JAVIER M.New Mexico Supreme Court · 2001
- State v. SerrosNew Mexico Supreme Court · 2015
- State v. PonceNew Mexico Court of Appeals · 2004
- State v. ChavarriaNew Mexico Court of Appeals · 2001
- State v. BrownNew Mexico Court of Appeals · 2004
3 more not listed; retrieve them via the Exa API.