Legal Opinion
Smith v. Maldonado
New Mexico Supreme Court
Decided December 16, 1985No. 15805PublishedCited by 20 opinions
1Opinion of the Court
OPINION
WALTERS, Justice.
On February 6, 1985, defendant James Lee Smith appeared before a magistrate judge and pled guilty to a petty misdemeanor. He was indigent, but upon his statement that he did not want an attorney he was not represented. The magistrate sentenced Smith to sixty days in jail and imposed a $500 fine.
A petition for writ of habeas corpus was filed on defendant’s behalf, alleging wrongful detainment because he had not voluntarily, knowingly and intelligently waived his sixth amendment right to an attorney. The district judge, following a hearing, entered an absolute writ of…
2Cases cited13 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Argersinger v. HamlinSupreme Court of the United States · 1972
- Wagner Land and Investment Co. v. HaldermanNew Mexico Supreme Court · 1972
- City of Raton v. Vermejo Conservancy DistrictNew Mexico Supreme Court · 1984
- State v. SanchezNew Mexico Court of Appeals · 1980
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. PlouseNew Mexico Court of Appeals · 2003
- Blea v. SandovalNew Mexico Court of Appeals · 1988
- State ex rel. Department of Human Services v. WilliamsNew Mexico Court of Appeals · 1989
- State v. PadillaNew Mexico Supreme Court · 2002
- State v. ArmijoNew Mexico Court of Appeals · 1994
15 more not listed; retrieve them via the Exa API.