New Mexico Court of Appeals· 2/17/1995

State v. Gutierrez

Citations

894 P.2d 395
119 N.M. 618

How courts have described this case

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

recognizing that Miranda is an “exception[ ] to the general rule that the privilege is not available unless invoked as a ground for refusal to answer”
recognizing that Miranda is an “exception ] to the general rule that the privilege is not available unless invoked as a ground for refusal to answer”
holding that Miranda warnings were not necessary at a preliminary probable cause hearing on a parole revocation, likening the preliminary hearing to a non-eustodial probation interview as in Minnesota v. Murphy, 465 U.S. 420, 421, 430, 104 S.Ct. 1136, 79 L.Ed.2d 409 (1984
“[T]he constitutional privilege against self-inerimination is available only if it is invoked as the ground for refusing to speak.”
“[A] witness before a judicial or 17 administrative tribunal ordinarily is entitled to no protection under the privilege 18 against self-incrimination unless the witness invokes the privilege and refuses to 19 answer.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hartz, Donnelly, Black

Read full opinion on CourtListener

Cited by

7 cases in this archive cite this case.

Cites

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

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