State v. Earnest

OPINION

SCARBOROUGH, Chief Justice.

This case is before us on remand from the Supreme Court of the United States. In State v. Earnest, 103 N.M. 95, 703 P.2d 872 (1985), this Court held that defendant was entitled to a new trial because the trial court admitted into evidence against defendant a statement made by an accomplice who was not subject to cross-examination. In New Mexico v. Earnest, 477 U.S. 648, 106 S.Ct. 2734, 91 L.Ed.2d 539 (1986), the Supreme Court vacated our judgment and remanded for proceedings “not inconsistent with the opinion in Lee v. Illinois, 476 U.S. 530, 106 S.Ct. 2056,…