Legal Opinion
State v. Vialpando
New Mexico Court of Appeals
Decided June 28, 1979No. 3763PublishedCited by 53 opinions
1Opinion of the Court
OPINION
WALTERS, Judge.
Defendant was convicted of aggravated burglary, robbery, aggravated battery, and criminal sexual penetration in the second degree. He raises eight issues on appeal. We discuss them in order:
1. Denial of Pre-trial Motion to Suppress Line-up Identification
Defendant maintains that the line-up of six similarly-dressed persons, four months after the incidents charged, was impermissibly suggestive and conducive to misidentification. Five of the participants were within one or two inches of 65-66 inches tall, and the other was noticeably taller; two had facial hair; all were in…
2Cases cited32 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Stovall v. DennoSupreme Court of the United States · 1967
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
- Kirby v. IllinoisSupreme Court of the United States · 1972
- State v. BellNew Mexico Supreme Court · 1977
27 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- State v. SimonsonNew Mexico Supreme Court · 1983
- State v. CopelandNew Mexico Court of Appeals · 1986
- State v. BeachumNew Mexico Court of Appeals · 1982
- State v. DuranNew Mexico Supreme Court · 1988
- State v. MaesNew Mexico Court of Appeals · 1983
48 more not listed; retrieve them via the Exa API.