New Mexico v. Parvilus
Annotate this CaseA jury found Defendant Gerard Parvilus guilty of the 2008 aggravated burglary of his estranged wife’s separate dwelling, murder of her boyfriend, first-degree kidnapping of his wife and her boyfriend, aggravated assault of his wife, and interference with communications. The district court granted Defendant's motion for judgment notwithstanding the verdict and vacated the aggravated burglary conviction because of Defendant's claimed unrestricted right under Section 40-3-3 to make an unconsented entry into his wife's separate residence. Section 40-3-3 (1907), a civil marital property statute, recognized the rights of married women to hold separate property but provided that "neither [husband nor wife could] be excluded from the other’s dwelling." The Court of Appeals affirmed the district court’s ruling, and the Supreme Court granted certiorari. The Supreme Court held that Section 40-3-3 did not preclude a conviction for burglary of a spouse's separate dwelling, and reversed the contrary rulings of both lower courts.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.