State v. Johnson
New Mexico Supreme Court
1DissentSerna, Justice
{57} I concur with the majority’s application of Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004) to Young’s out-of-court testimonial statement. I also concur with remanding for a new trial on Defendant’s conviction of felon in possession of a firearm and with affirming Defendant’s conviction of tampering with evidence. However, I respectfully disagree with the discussion of harmless error. Applying the harmless error standard articulated by the United States Supreme Court, I would affirm Defendant’s convictions of felony murder1 and conspiracy.
{58} The majority…
2Cases cited20 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Neder v. United StatesSupreme Court of the United States · 1999
- Idaho v. WrightSupreme Court of the United States · 1990
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