Legal Opinion
State v. Martinez
New Mexico Supreme Court
Decided May 18, 2007No. 30,122PublishedCited by 57 opinions
1Opinion of the Court
OPINION
CHÁVEZ, Chief Justice.
{1} Defendant David Martinez challenges his conviction of driving while intoxicated. First, Martinez claims that the metropolitan court judge abused her discretion by admitting a breath-alcohol-test (BAT) card containing the test results of a breathalyser into evidence. Martinez argues that the arresting officer’s testimony that he saw a certification sticker on the breathalyser indicating that the machine’s certification was current was insufficient foundation for the BAT card’s admissibility. Martinez also asserts that his constitutional right to confront his…
2Cases cited26 opinions
- Pointer v. TexasSupreme Court of the United States · 1965
- Bourjaily v. United StatesSupreme Court of the United States · 1987
- Huddleston v. United StatesSupreme Court of the United States · 1988
- United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne WhitmoreCourt of Appeals for the Fifth Circuit · 1979
- United States v. John W. Sliker, John Carbone, and Theodore Buchwald, A/K/A "Bucky," DefendantsCourt of Appeals for the Second Circuit · 1985
21 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- State v. CabezuelaNew Mexico Supreme Court · 2011
- State v. BullcomingNew Mexico Supreme Court · 2010
- State v. Granillo-MaciasNew Mexico Court of Appeals · 2007
- State v. RiveraNew Mexico Supreme Court · 2008
- State v. WillieNew Mexico Supreme Court · 2009
52 more not listed; retrieve them via the Exa API.