State v. King

2013 NMSC 14, 2013 NMSC 014, 4 N.M. 17
CourtNew Mexico Supreme Court
DecidedApril 15, 2013
DocketDocket 33,395
StatusPublished
Cited by11 cases

This text of 2013 NMSC 14 (State v. King) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. King, 2013 NMSC 14, 2013 NMSC 014, 4 N.M. 17 (N.M. 2013).

Opinion

OPINION

CHÁVEZ, Justice.

Donovan King, suspected of aggravated battery, sat slumped over in a chair located in an interrogation room at the Farmington Police Department. His interrogator, Detective Paul Martinez, advised King of his rights consistent with Miranda v. Arizona, 384 U.S. 436, 478-79 (1966), and asked if he understood his rights. King replied, “Yeah.” Detective Martinez next asked him, “Do you wish to answer any questions?” King answered, “Not at the moment. Kind of intoxicated.” After telling King that intoxication was not a reason that King could not talk to him, Detective Martinez placed a waiver of rights form in front of King, tossed a pen in King’s direction, and said, “Sign this for me if you wish to answer questions,” indicating where King should sign. King responded, “If I wish to answer questions? Like I said[,] not at the moment.” Undeterred, Detective Martinez repeated that intoxication was not a reason for not giving a statement, persisted in questioning King, and eventually elicited an incriminating statement from him.

The district court granted King’s motion to suppress the statement because King had twice unambiguously invoked his Fifth Amendment right to remain silent when he told Detective Martinez that he did not want to answer questions at the moment. Because King was ultimately charged with an open count of first degree murder, the State appealed the district court’s ruling to this Court. See NMSA 1978, § 39-3-3(B)(2) (1972) (permitting appeal by the state to the Supreme Court of decisions and orders suppressing evidence); State v. Smallwood, 2007-NMSC-005, ¶ 11, 141 N.M. 178, 152 P.3d 821 (holding that this Court has jurisdiction over interlocutory appeals in cases in which a criminal defendant may be sentenced to life imprisonment). We affirm the district court.

KING UNEQUIVOCALLY INVOKED HIS RIGHT TO REMAIN SILENT

In Miranda, the United States Supreme Court articulated a warning that law enforcement must give to a suspect before the suspect can be subjected to a custodial interrogation without compromising the suspect’s privilege against self-incrimination. 384 U.S. at 478-79. The Court explained:

[The suspect] must be warned prior to .any questioning that he has the right to remain silent, that anything he says can he used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.

Id. at 479. “Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease.” Id. at 473-74.

It is uncontested in this case that King was a suspect who was being subjected to a custodial interrogation and that he was advised of his Miranda rights. The dispositive issue is whether King ’ s statements that he did not want to answer questions “at the moment” were sufficient to invoke his constitutional right to remain silent, mandating that the interrogation cease. In addressing this issue, we defer to the district court’s findings as long as the findings are supported by substantial evidence, and we review de novo the district court’s application of the law to those facts. State v. Hubble, 2009-NMSC-014, ¶ 5,146 N.M. 70,206 P.3d 579.

A hearing was held on King’s motion to suppress on December 8, 2011. Detective Martinez testified at the hearing, and the video recording and transcript of Detective Martinez’s interrogation of King were admitted as State’s Exhibits A and B, respectively. The district court made detailed and comprehensive findings of fact and conclusions of law. It entered an order on December 27, 2011, granting the motion to suppress. The district court made the following relevant findings:

1. At the time of the interview that is the subject of the motion, the Defendant was in custody for Miranda purposes and was under interrogation by the Detective.
2. At the outset of the interrogation when the Detective explained the Defendant’s Miranda rights, the Defendant appears on the DVD to be physically affected by the alcohol and marijuana he testified to having consumed during the hours prior to the custodial interrogation. However, it is clear that the Defendant’s mentation was rational and lucid. He was able to readily recite his date of birth, age, post office box and physical address. His remarks and questions were logical and appropriate to the situation.
3. The DVD and Appendix A, pg. 2[,] statements 7 through 14, reveal the following exchange.
Detective: All right. [King], listen to me. You have the right to remain silent. Listen to me — look at me bro! You have the right to remain silent. Anything you say may be used against you. You have a right to a lawyer. If you cannot afford a lawyer one will be provided free. Do you understand your rights?
[King]: Yeah[.]
Detective: Do you wish to answer any questions?
[King]: Not at the moment. Kind of intoxicated. Detective: Well[,] intoxication isn’t one of the reasons you can’t talk to us. It’s uh . . .
[King]: It’s what?
Detective: Three o’clock. Sign this for me if you wish to answer questions. Right there.
[King]: If I wish to answer questions? Like I said[,] not at the moment.
4. As the Detective said “sign this for me,” he placed the waiver of rights form across the table in front of [King], tossed a pen and marked the signature line. [King] did not sign.
7. In one form or another, the Detective told [King] to sign the form six times before [King] actually signed the waiver of rights form.

Based on these findings, the district court concluded that (1) King had unambiguously invoked his right to remain silent; (2) King did not have to supply a reason for invoking his right to remain silent; and (3) the detective did not scrupulously honor King’s right to remain silent and terminate the interrogation. The transcript and the video recording of the interrogation adequately support the district court’s findings of fact. We next determine whether the district court correctly applied the facts to the law.

The legal analysis begins with the following passage from Miranda-.

Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease. At this point he has shown that he intends to exercise his Fifth Amendment privilege; any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise.

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Related

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485 P.3d 215 (New Mexico Supreme Court, 2021)
State v. Costillo
2020 NMCA 051 (New Mexico Court of Appeals, 2020)
State v. Escovedo
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State v. Siqueiros-Valenzuela
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State v. Gonzales
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State v. Madonda
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State v. DeAngelo
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State v. King
2015 NMSC 030 (New Mexico Supreme Court, 2015)
State v. Gonzalez
New Mexico Court of Appeals, 2013

Cite This Page — Counsel Stack

Bluebook (online)
2013 NMSC 14, 2013 NMSC 014, 4 N.M. 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-king-nm-2013.