State v. Quinones
248 P.3d 336
| N.M. Ct. App. | 2010Background
- Defendant's six-week-old daughter Diana died four days after severe brain injuries and multiple bone fractures; state expert attributed injuries to child abuse/shaken baby syndrome.
- Diana was in Defendant's care during the incidents; injuries included bucket-handle femur fractures and rib fractures at different healing stages.
- Defendant told detectives during hospital treatment that he had previously injured Diana on several occasions; he was subsequently indicted on three counts.
- Defendant was tried twice; first trial ended in mistrial, second trial resulted in conviction on all counts under NMSA 1978 §30-6-1(D); habitual offender sentencing applied.
- Defense alleged Miranda issues and evidentiary/ineffectiveness challenges; this appeal follows conviction and sentence to 27 years plus parole.
- Appeals court addresses suppression, evidentiary rulings, ineffective assistance, sufficiency of evidence, and cumulative error; affirms convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Defendant's second-interrogation statement properly admitted? | State contends waiver was knowing and intelligent after re-initiation, and statement voluntary. | Waiver not valid; interrogation coercive; NM Constitution may require attorney access after invocation. | Waiver valid, statement voluntary, no NM constitutional add'l requirement |
| Did district court err by limiting inquiry about attorney availability during interrogation? | Eliciting whether attorney was supplied bears on voluntariness of statement. | Police duty to provide attorney when right to counsel invoked; inquiry essential. | No abuse; district court properly limited questioning on attorney availability |
| Was Defendant's non-violent character testimony properly restricted? | Character evidence should be admissible to negate propensity for violence. | Defense should be allowed to show non-violent character to rebut State's theory. | Not preserved for appeal; trial court ruling sustained; no merits addressed |
| Did defense counsel render ineffective assistance for not consulting/presenting a shaken baby syndrome expert? | Expert testimony essential to counter State's SBS theory; counsel deficient. | Record insufficient to prove deficiency or prejudice; cannot determine on direct appeal. | No prima facie showing of ineffective assistance; record insufficient to conclude |
| Was the evidence sufficient to support all three counts of child abuse? | Medical testimony and Defendant's statements establish endangerment, intent/recklessness, and causal link to death. | State theories overstated; defense evidence exculpates on certain injuries. | Sufficient evidence supports all three counts |
Key Cases Cited
- Edwards v. Arizona, 451 U.S. 477 (U.S. 1981) (reinvocation after counsel request requires reinitiation; waiver may be knowing and intelligent)
- Barrera v. State, 130 N.M. 227 (N.M. 2001) (de novo review of waiver and voluntariness)
- Salazar, 123 N.M. 778 (NMSC 1997) (prior invocation supports analysis of subsequent waiver)
- Rascon, 550 P.2d 266 (N.M. 1976) (NM constitution not extending counsel beyond federal rights in interrogation)
- Foster, 126 N.M. 177 (N.M. Ct. App. 1998) (impeachment value of prior threats; not automatic constitutional violation)
- Seward, 724 P.2d 756 (N.M. Ct. App. 1986) (public defender acts do not expand fifth amendment rights)
- Post, 783 P.2d 487 (N.M. Ct. App. 1989) (recognizes re-initiation and warnings issue in special contexts)
- State v. Munoz, 126 N.M. 535 (NMSC 1998) (voluntariness determined by preponderance of the evidence)
- State v. Aragon, 147 N.M. 26 (N.M. Ct. App. 2009) (prima facie showing of ineffective assistance requires available expert testimony)
- State v. Dylan J., 145 N.M. 719 (N.M. Ct. App. 2009) (ineffective assistance requires record of possible defense experts)