Legal Opinion

State v. Ramirez

New Mexico Supreme Court

Decided July 12, 1982No. 13904PublishedCited by 26 opinions

1Opinion of the Court

OPINION

RIORDAN, Justice.

On the Court’s own motion, the opinion filed on June 30,1982 is withdrawn and the following opinion substituted.

Defendant Ernest Ramirez (Ramirez) was convicted of first degree murder and sentenced to life imprisonment. Ramirez appeals. We reverse.

The issues on appeal are:

I. Whether the Assistant District Attorney’s comment in closing argument violated Ramirez’ fifth amendment right to remain silent, and constituted fundamental error despite opposing counsel’s failure to object.

II. Whether the trial court erred in admitting testimony of Ramirez’ alleged flight from…

2Cases cited6 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. State v. BacaNew Mexico Supreme Court · 1976
  5. State v. LaraNew Mexico Court of Appeals · 1975

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

3Cited by26 opinions

  1. State v. MartinNew Mexico Supreme Court · 1984
  2. State v. ClarkNew Mexico Supreme Court · 1989
  3. State v. CarrascoNew Mexico Supreme Court · 1997
  4. State v. SosaNew Mexico Supreme Court · 2009
  5. State v. LujanNew Mexico Court of Appeals · 1985

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

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