Legal Opinion

State v. Austin

New Mexico Court of Appeals

Decided April 4, 1978No. 3366PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

This interlocutory appeal involves the admissibility of defendant’s second and third inculpatory statements after the first such statement was ruled inadmissible because obtained by improper inducement. We discuss: (1) fruit of the poisoned tree; (2) burden of the evidence and quantum of proof; and (3) sufficiency of the evidence.

Fruit of the Poisoned Tree

The statements pertain to an armed robbery in El Paso, Texas. Defendant is charged in New Mexico with receiving stolen property. The allegedly stolen property is $10,000 in cash recovered from a safety deposit box in…

2Cases cited22 opinions

  1. Lego v. TwomeySupreme Court of the United States · 1972
  2. Lyons v. OklahomaSupreme Court of the United States · 1944
  3. Beecher v. AlabamaSupreme Court of the United States · 1967
  4. State v. LordNew Mexico Supreme Court · 1938
  5. Bunting v. CommonwealthSupreme Court of Virginia · 1967

17 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. JuarezNew Mexico Court of Appeals · 1995
  2. State v. TindleNew Mexico Court of Appeals · 1986
  3. State v. PadillaNew Mexico Court of Appeals · 1980
  4. State v. DevigneNew Mexico Court of Appeals · 1981
  5. State v. PollerNew Mexico Court of Appeals · 1979

5 more not listed; retrieve them via the Exa API.

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