Legal Opinion
State v. Duarte
New Mexico Court of Appeals
Decided December 7, 2006No. 25,878PublishedCited by 35 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} Defendant James F. Duarte was arrested at a sobriety roadblock. Among other convictions, he was convicted of driving while intoxicated (DWI) under NMSA 1978, § 66-8-102(C)(l), (G) (2004) (amended 2005). He asserts district court error (1) in not suppressing evidence because the police officer lost a videotape of field sobriety tests, thus depriving Defendant of evidence and prejudicing his right to a fair trial; (2) in not excluding evidence because of the State’s late disclosure of witnesses and documents, prejudicing his ability to adequately prepare for trial; (3)…
2Cases cited27 opinions
- Delaware v. ProuseSupreme Court of the United States · 1979
- Brown v. TexasSupreme Court of the United States · 1979
- United States v. Martinez-FuerteSupreme Court of the United States · 1976
- Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
- State v. GomezNew Mexico Supreme Court · 1997
22 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State v. HarperNew Mexico Supreme Court · 2011
- State v. SmithNew Mexico Supreme Court · 2016
- State v. SamoraNew Mexico Supreme Court · 2013
- State v. PachecoNew Mexico Court of Appeals · 2008
- State v. BranchNew Mexico Court of Appeals · 2016
30 more not listed; retrieve them via the Exa API.