Legal Opinion

State v. Henderson

New Mexico Court of Appeals

Decided February 14, 2006No. 24,850PublishedCited by 21 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} This case requires us to determine whether the admission of preliminary hearing testimony of an unavailable witness at Defendant’s trial violated the Confrontation Clause of the Sixth Amendment under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and whether Defendant was entitled to a mistrial when a witness invoked his Fifth Amendment privilege before the jury during his testimony. We hold that Defendant was afforded his Confrontation Clause rights and that no abuse of discretion was committed in denying his motion for a mistrial. The…

2Cases cited29 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Ohio v. RobertsSupreme Court of the United States · 1980
  3. Pointer v. TexasSupreme Court of the United States · 1965
  4. Namet v. United StatesSupreme Court of the United States · 1963
  5. State v. GonzalesNew Mexico Supreme Court · 1992

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

3Cited by21 opinions

  1. State v. SaizNew Mexico Supreme Court · 2008
  2. State v. GoinsUtah Supreme Court · 2017
  3. State v. ZamarripaNew Mexico Supreme Court · 2008
  4. State v. AaronMissouri Court of Appeals · 2007
  5. State v. LopezNew Mexico Supreme Court · 2011

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

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