Esquibel v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that Court of Appeals “has no authority to set aside an instruction approved by the Supreme Court”
• holding “that duress is a defense available in New Mexico except when the crime charged is a homicide or a crime requiring intent to kill”
• allowing the defense of duress for the crime of escape in the context of a history of beatings and serious threats by prison guards and personnel
• allowing the defense of duress for the crime of escape in the context of a history of beatings and serious threats by prison guards and personnel
• holding duress is a defense, and the evidence was sufficient to present a jury issue on the immediacy of the danger where there was a long history of beatings of defendant by guards and the most immediate episode was two to three days before defendant’s escape from the penitentiary
• stating “opportunity to avoid” is alternative expression to “present, imminent, and impending”

Source: CourtListener parenthetical corpus (CC0).