New Mexico v. Torres
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Defendant-Petitioner Laybe Torres was convicted by a jury of Driving While Intoxicated (seventh or subsequent offense). While Defendant was initially pulled over for not wearing a seatbelt during a routine seatbelt enforcement operation, the arresting officer subsequently initiated a DWI investigation after smelling alcohol, observing Defendant’s bloodshot eyes, and noting Defendant’s slurred speech. In his rebuttal closing, the prosecutor told the jury that defense counsel had lied when commenting on the absence of a seatbelt citation during his closing argument, implying that a citation did in fact exist. The prosecutor also waved around what appeared to be a copy of the seatbelt violation, which had not been introduced into evidence, in front of the jury while accusing defense counsel of lying. Defense counsel promptly moved for mistrial, and the trial court, after excusing the jury from the courtroom and discussing the issue with counsel, instructed the jury to "disregard the statement of the prosecution as to opposing counsel lying." Defendant appealed his conviction to the Court of Appeals, which affirmed the trial court. Upon review, the Supreme Court found that because the prosecutor's improper actions were limited in scope and duration, and because the seatbelt violation issue was peripheral to the evidence presented and the elements of the crime for which Defendant was on trial, the trial court's prompt offering of a curative instruction was a sufficient response. The trial court properly denied Defendant’s motion for mistrial and therefore the Court affirmed the Court of Appeals.
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