Legal Opinion

State v. Bullcoming

New Mexico Supreme Court

Decided February 12, 2010No. 31,186PublishedCited by 52 opinions

1Opinion of the Court

OPINION

MAES, Justice.

{1} Defendant, Donald Bullcoming, appeals his conviction of aggravated DWI, a fourth-degree felony, contrary to NMSA 1978, Section 66-8-102 (2005, prior to amendments through 2008). Of the three issues that Defendant raises, the main question presented in this appeal is whether a laboratory report of Defendant’s blood draw results is testimonial evidence subject to the Confrontation Clause. We first addressed this issue in State v. Dedman, 2004-NMSC-037, ¶¶ 30, 45-46, 136 N.M. 561, 102 P.3d 628, and followed the United States Supreme Court case in Crawford v. Washington,…

2Cases cited35 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Davis v. WashingtonSupreme Court of the United States · 2006
  4. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  5. Marks v. United StatesSupreme Court of the United States · 1977

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3Cited by52 opinions

  1. Bullcoming v. New MexicoSupreme Court of the United States · 2011
  2. United States v. Ivan CurbeloCourt of Appeals for the Eleventh Circuit · 2013
  3. State of Tennessee v. Thomas Lee HutchisonTennessee Supreme Court · 2016
  4. State v. Michael R. GriepWisconsin Supreme Court · 2015
  5. State v. AragonNew Mexico Supreme Court · 2010

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