Legal Opinion · Dissent

State v. Helker

New Mexico Court of Appeals

Decided December 2, 1975No. 1798Published

1DissentSutin, Judge

I dissent.

The trial court denied defendant a fair hearing on admissibility of confession.

During the direct examination of a police officer, defendant requested a hearing in camera on the voluntariness and admissibility of defendant’s alleged confession. The jury was excused and a hearing was held. After the examination and cross-examination of two police officers on behalf of the State, defendant requested permission to call evidence on his behalf. The State objected because of defendant’s failure to comply with Rule 18 of the Rules of Criminal Procedure on suppression of evidence. Defendant…

2Cases cited20 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. Sims v. GeorgiaSupreme Court of the United States · 1967
  3. State v. OrtegaNew Mexico Supreme Court · 1966
  4. State v. BurkNew Mexico Court of Appeals · 1971
  5. State v. MartinezNew Mexico Supreme Court · 1924

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