Legal Opinion
State v. Gutierrez
New Mexico Court of Appeals
Decided August 4, 2015No. 35,325; Docket No. 32,567PublishedCited by 1 opinion
1Opinion of the Court
OPINION
VIGIL, Judge.
{1} The district court judge in this case, on her own motion and without notice to Defendant or an opportunity to present evidence or argument on the question, reversed the prior determination of another district court judge that Defendant was not competent to stand trial, that it was unlikely he would attain competence in the future, and that he was dangerous. We reverse and remand for civil commitment proceedings to be commenced.1
BACKGROUND
{2} Defendant was indicted in 2005 on twenty-three charges related to an incident in Las Cruces, wherein he and two other men trapped…
2Cases cited13 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Pate v. RobinsonSupreme Court of the United States · 1966
- Vitek v. JonesSupreme Court of the United States · 1980
- Bd. of Educ. of Carlsbad v. HarrellNew Mexico Supreme Court · 1994
- State v. TrujilloNew Mexico Supreme Court · 2009
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3Cited by1 opinion
- State v. GutierrezNew Mexico Court of Appeals · 2015