Legal Opinion

State v. Christmas

New Mexico Court of Appeals

Decided December 28, 2001No. 21,699PublishedCited by 19 opinions

1Opinion of the Court

OPINION

BOSSON, Chief Judge.

{1} Defendant was convicted of driving under the influence of intoxicating liquor (DWI), contrary to NMSA 1978, § 66-8-102(A), (C) (1999). On appeal, Defendant argues (1) the trial court abused its discretion in admitting the results of breath-alcohol testing when the breathalyzer machine’s internal calibration check may not have been operational at the time of testing, (2) the trial court abused its discretion in denying Defendant’s motion for a mistrial in light of inadmissible testimony regarding the horizontal gaze nystagmus (HGN) test, (3) the evidence was…

2Cases cited36 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. State v. RojoNew Mexico Supreme Court · 1998
  3. State v. AlbericoNew Mexico Supreme Court · 1993
  4. State v. AlbericoNew Mexico Supreme Court · 1993
  5. State v. ApodacaNew Mexico Supreme Court · 1994

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

3Cited by19 opinions

  1. State v. DayNew Mexico Supreme Court · 2008
  2. State v. ChristmasNew Mexico Court of Appeals · 2001
  3. State v. CollinsNew Mexico Court of Appeals · 2005
  4. State v. Notah-HunterNew Mexico Court of Appeals · 2005
  5. State v. EnseySupreme Court of Rhode Island · 2005

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

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