New Mexico v. Merhege

Shortly before 4:00 am with a police officer in pursuit, Defendant Trevor Merhege ran through the front yard of a private residence that was enclosed by a three-foot-high wall. He became entangled on a chain link fence as he attempted to jump over an adjoining fence into the back yard of the residence. He was convicted of criminal trespass. Because the property was not posted, the State was required to prove that Merhege knew that he was not permitted to enter the property. Merhege contended that there was insufficient evidence to support this knowledge requirement. The Court of Appeals agreed and reversed his conviction, concluding that because the property’s driveway was not posted with a “no trespassing” sign and the property owner gave no other explicit warnings not to enter, Merhege and the public at large were presumptively granted permission to enter the property. After review, the Supreme Court reversed the Court of Appeals and reinstated Merhege’s conviction for criminal trespass because the wall surrounding the property’s front yard, the purpose of his entry, and the time of his entry provided sufficient circumstantial evidence for the jury to find that Merhege knew that he did not have consent to enter the property. View "New Mexico v. Merhege" on Justia Law