State v. Dalrymple

1 Citing case

  1. Bowen v. Recorder's Court Judge

    384 Mich. 55 (Mich. 1970)   Cited 9 times

    The cases are: State v. Sedillo (1968), 79 N.M. 255 ( 442 P.2d 213), and State v. Thomas (1968), 79 N.M. 346 ( 443 P.2d 516). See, also, State v. Dalrymple (1968), 79 N.M. 670 ( 448 P.2d 182), and cases therein cited. In substance, the New Mexico court held, on this subject, that since the decisions of the United States Supreme Court have denied retroactive application to such basic constitutional rights as those enunciated in Escobedo v. Illinois (1964), 378 U.S. 478 ( 84 S Ct 1758, 12 L Ed 2d 977), Miranda v. Arizona (1966), 384 U.S. 436 ( 86 S Ct 1602, 16 L Ed 2d 694, 10 ALR3d 974), and Johnson v. New Jersey (1966), 384 U.S. 719 ( 86 S Ct 1772, 16 L Ed 2d 882), there can be no merit to a claim that the denial of retroactive application to a newly created statutory right is a denial of equal protection of the laws.