Legal Opinion

State v. O'KELLEY

New Mexico Court of Appeals

Decided February 17, 1994No. 14356PublishedCited by 6 opinions

1Opinion of the Court

OPINION

HARTZ, Judge.

In State v. Hoeffel, 112 N.M. 358, 359-61, 815 P.2d 654, 655-57 (Ct.App.), cert. denied, 112 N.M. 279, 814 P.2d 457 (1991), the- defendant in a criminal case tried to support his claim of innocence by offering into evidence a favorable paragraph from a letter opinion by the judge in a civil lawsuit involving the same events. We affirmed the district court’s exclusion of the evidence, holding that the opinion was inadmissible hearsay. In the present case it was the State who sought to use evidence of the outcome of a prior trial to prove a matter determined at that trial.…

2Cases cited11 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Lockhart v. NelsonSupreme Court of the United States · 1988
  3. State v. ChouinardNew Mexico Supreme Court · 1981
  4. State v. PostNew Mexico Court of Appeals · 1989
  5. State v. DayNew Mexico Supreme Court · 1980

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Pope v. Gap, Inc.New Mexico Court of Appeals · 1998
  2. State v. LovatoNew Mexico Court of Appeals · 1994
  3. Public Service Co. of Oklahoma v. Norris Sucker RodsCourt of Civil Appeals of Oklahoma · 1995
  4. State v. Antonio M.New Mexico Court of Appeals · 2022
  5. Pope v. Gap, Inc.New Mexico Court of Appeals · 1998

1 more not listed; retrieve them via the Exa API.

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