Legal Opinion

State v. Marquez

New Mexico Supreme Court

Decided September 3, 2008No. 30,709PublishedCited by 16 opinions

1Opinion of the Court

OPINION

CHÁVEZ, Chief Justice.

{1} Defendant Juan Marquez was found guilty by a jury of aggravated DWI and resisting, evading, or obstructing an officer. The Court of Appeals reversed the conviction for DWI, holding that the initial stop leading to Defendant’s arrest was invalid under Section 31-2-8 of the Fresh Pursuit Act, NMSA 1978, §§ 31-2-1 to -8 (1937, as amended), and the charge should therefore have been dismissed. State v. Marquez, 2007-NMCA-151, ¶¶ 1, 8, 15-16, 143 N.M. 79, 173 P.3d 1. We conclude that the arresting officer did have the authority to stop Defendant. We therefore…

2Cases cited8 opinions

  1. State v. MaestasNew Mexico Supreme Court · 2006
  2. County of Los Alamos v. TapiaNew Mexico Supreme Court · 1990
  3. State v. PadillaNew Mexico Supreme Court · 2008
  4. Quantum Corp. v. State Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1998
  5. State v. OchoaNew Mexico Supreme Court · 2008

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

3Cited by16 opinions

  1. State v. TafoyaNew Mexico Supreme Court · 2010
  2. Delfino v. GriffoNew Mexico Supreme Court · 2011
  3. State v. SlaytonNew Mexico Supreme Court · 2009
  4. Ortiz v. Overland ExpressNew Mexico Supreme Court · 2010
  5. Albuquerque Commons P'ship v. City CouncilNew Mexico Supreme Court · 2011

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

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