New Mexico Court of Appeals· 11/14/1994

State v. Garcia

Citations

887 P.2d 767
118 N.M. 773

How courts have described this case

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

holding prosecutor’s questioning of police officer purportedly to discredit an anticipated alibi witness improper where the defendant’s counsel mentioned an alibi in his opening statement
stating that “[i]ndeed, the vagueness was probably intentional, because any direct comment on [the error] posed the risk of emphasizing the matter to the jury”
assuming that the same standard is applied before and after Miranda warnings
rejecting, as inconsistent with Doyle, the State’s argument that the defendant opened the door to argue his post-arrest silence by asserting an alibi defense, because Doyle forbids the use of post-Miranda silence to impeach an explanation of a defendant’s conduct offered at trial
distinguishing post-arrest, pre- Miranda silence from post-arrest, post- Miranda silence
distinguishing post-arrest, pre-Miranda silence from post-arrest, post-Miranda silence

Source: CourtListener parenthetical corpus (CC0).

Judges: Hartz, Minzner, Bosson

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Cited by

9 cases in this archive cite this case.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

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