State v. Gutierrez

Summary

The New Mexico Supreme Court affirmed David Gutierrez’s first‑degree murder conviction, held that he did not waive the spousal communication privilege, found the erroneous admission of privileged statements to be harmless error, and ultimately reinstated the spousal communication privilege after a rehearing. The Court also addressed sufficiency of the evidence, a moot grand‑jury notice claim, and an ineffective‑assistance claim.