Legal Opinion
State v. Garnenez
New Mexico Court of Appeals
Decided January 23, 2015No. 35,038; Docket No. 32,995PublishedCited by 10 opinions
1Opinion of the Court
OPINION
ZAMORA, Judge.
Arlene Garnenez (Defendant) appeals from her convictions for two counts of vehicular homicide, contrary to NMSA 1978, § 66-8-101 (2004). This case presents the issue of whether a blood draw can proceed solely pursuant to a valid search warrant, outside of the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (1978, as amended through 2007). We hold that it can. We also address Defendant’s other contentions that (1) her blood alcohol content (BAC) results should have been suppressed as a result of false statements in the search warrant authorizing the blood draw; (2)…
2Cases cited32 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Matter of Adoption of DoeNew Mexico Supreme Court · 1984
- Headley v. Morgan Management Corp.New Mexico Court of Appeals · 2005
- Woolwine v. Furr's, Inc.New Mexico Court of Appeals · 1987
- State v. UriosteNew Mexico Supreme Court · 2002
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3Cited by10 opinions
- State v. StoreyNew Mexico Court of Appeals · 2017
- State v. StoreyNew Mexico Court of Appeals · 2017
- State v. OconNew Mexico Court of Appeals · 2021
- Morga v. FedEx Ground Package Sys., Inc.New Mexico Supreme Court · 2022
- State v. HowlNew Mexico Court of Appeals · 2016
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