State of New Mexico, Plaintiff-Appellee v. John N. "jack" McDowell, Jr., Defendant-Appellant.

Summary

The New Mexico Supreme Court held that the prosecutor’s elicitation of testimony about the defendant’s invocation of his right to counsel violated the defendant’s due‑process rights and, because the error was not preserved, constituted fundamental error requiring reversal of the convictions and a remand for a new trial. The Court found the prejudice from the improper comments was not minimal and the evidence of guilt was not overwhelming.