New Mexico Supreme Court· 4/14/1976
State v. Baca
Citations
- 549 P.2d 282
- 89 N.M. 204
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that where comments about the 8 defendant’s pretrial silence can be directly attributed to the prosecutor, then they 9 generally constitute plain error and require reversal
- holding that reversal was not warranted when a 2 witness made an isolated, unsolicited comment referring to the defendant’s post- 3 Miranda refusal to speak with the police
- distinguishing between comments directly attributable to the prosecutor and comments by witnesses during their testimony
- reviewing reference by a witness to post-arrest, post- Miranda silence as an evidentiary matter
- reviewing reference by a witness to post-arrest, post-Miranda silence as an evidentiary matter
- line is drawn between those comments which can be directly attributed to prosecutor and those comments included in testimony of a witness
Source: CourtListener parenthetical corpus (CC0).
Judges: McManus, Oman, Stephenson, Montoya, Sosa
Read full opinion on CourtListenerCited by
28 cases in this archive cite this case; the 20 most cited are listed.
- State v. DeGraffNew Mexico Supreme Court· 2006-02-28· cited 232×
- State v. MartinNew Mexico Supreme Court· 1984-07-25· cited 152×
- State v. ChamberlainNew Mexico Supreme Court· 1991-09-25· cited 135×
- State v. CarrascoNew Mexico Supreme Court· 1997-09-03· cited 103×
- State v. DayNew Mexico Court of Appeals· 1978-02-07· cited 85×
- State v. PetersNew Mexico Court of Appeals· 1997-06-19· cited 74×
- State v. HogervorstNew Mexico Court of Appeals· 1977-05-17· cited 73×
- State v. McCraryNew Mexico Supreme Court· 1984-01-05· cited 66×
- State v. DiazNew Mexico Court of Appeals· 1983-07-28· cited 55×
- State v. HennessyNew Mexico Court of Appeals· 1992-06-23· cited 37×
- State v. McGillNew Mexico Court of Appeals· 1976-10-19· cited 37×
- State v. JohnsonNew Mexico Court of Appeals· 1984-09-11· cited 36×
- State v. GonzalesNew Mexico Court of Appeals· 1987-01-09· cited 36×
- State v. RamirezNew Mexico Supreme Court· 1982-07-12· cited 28×
- State v. GallegosNew Mexico Court of Appeals· 1978-11-21· cited 28×
- State v. GarciaNew Mexico Court of Appeals· 1994-11-14· cited 24×
- State v. HerreraNew Mexico Court of Appeals· 2013-10-07· cited 24×
- State v. GilbertNew Mexico Supreme Court· 1982-11-17· cited 18×
- State v. MarquezNew Mexico Court of Appeals· 1981-09-29· cited 18×
- State v. CallawayNew Mexico Supreme Court· 1978-08-29· cited 17×
Cites
2 cases in this archive are cited by this case.
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