Legal Opinion

State v. Payton

New Mexico Court of Appeals

Decided June 25, 2007No. 25,532PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} Defendant appeals his convictions for criminal sexual penetration of a minor (CSPM), criminal sexual contact of a minor (CSCM), and intimidation of a witness. The victims were two daughters of his girlfriend, who were approximately eight and ten years old when the offenses occurred. This opinion addresses only Defendant’s claim that he should have been allowed to present evidence that the younger girl had been previously sexually abused by someone else, in order to establish that she had an alternate source of sexual knowledge. We hold that Defendant was denied due…

2Cases cited10 opinions

  1. State v. PulizzanoWisconsin Supreme Court · 1990
  2. State v. WoodwardNew Mexico Supreme Court · 1995
  3. State v. BudisSupreme Court of New Jersey · 1991
  4. State v. BalderamaNew Mexico Supreme Court · 2004
  5. State v. StanleyNew Mexico Supreme Court · 2001

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3Cited by7 opinions

  1. People v. Osorio-BahenaColorado Court of Appeals · 2013
  2. People v. PerezSuperior Court of Guam · 2018
  3. State v. AguilarNew Mexico Court of Appeals · 2013
  4. State v. GarciaNew Mexico Supreme Court · 2013
  5. State v. GuthrieNew Mexico Court of Appeals · 2011

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

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