Legal Opinion

State v. Christian

New Mexico Court of Appeals

Decided March 13, 1995No. 15,484PublishedCited by 11 opinions

1Opinion of the Court

OPINION

BOSSON, Judge.

Defendant appeals his conviction for driving while under the influence of intoxicating liquor (DWI), based upon a blood-alcohol level exceeding .10%. We discuss whether a blood-alcohol report from the Scientific Laboratory Division of the New Mexico Department of Health (state laboratory), can properly be admitted into evidence under the exceptions to the hearsay rule for business records and public records, where the author of the report does not testify. See SCRA 1986, 11-803(F) & (H) (Repl.1994). We also discuss whether admission of this report violates Defendant’s…

2Cases cited31 opinions

  1. Ohio v. RobertsSupreme Court of the United States · 1980
  2. United States v. Paul v. OatesCourt of Appeals for the Second Circuit · 1977
  3. United States v. Oscar Rosa, Vincent Lopez, Ricardo Rodriguez, Hector Hernandez, and Armando VelasquezCourt of Appeals for the Second Circuit · 1993
  4. United States v. Oscar Ramos QuezadaCourt of Appeals for the Fifth Circuit · 1985
  5. United States v. Michael A. Picciandra, United States of America v. A. Russell Lucid, Jr.Court of Appeals for the First Circuit · 1986

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3Cited by11 opinions

  1. State v. DedmanNew Mexico Supreme Court · 2004
  2. State v. MartinezNew Mexico Supreme Court · 2007
  3. State v. AragonNew Mexico Supreme Court · 2010
  4. State v. RuizNew Mexico Court of Appeals · 1995
  5. State v. BrennanNew Mexico Court of Appeals · 1998

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

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