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State of New Mexico v. Gutierrez
New Mexico Supreme Court
2019 WL 4167270 (2019)
In 2002, David Gutierrez (defendant) killed Jose Valverde and told his wife about it. Gutierrez later divorced his wife, got remarried, and told his second wife about the murder. Gutierrez later became estranged from his second wife. At Gutierrez’s 2017 trial for the murder, he used the spousal privilege for confidential communications to exclude the testimony of his ex-wife and his estranged wife. The trial court held that Gutierrez waived the privilege because he also told other third parties that he had killed Valverde. A jury found Gutierrez guilty, and he appealed.
Rule of Law
Holding and Reasoning (Nakamura, C.J.)
Concurrence/Dissent (Daniels, J.)
Concurrence/Dissent (Vigil, J.)
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