Legal Opinion
State v. Hernandez
New Mexico Court of Appeals
Decided June 16, 2009No. 28,265PublishedCited by 3 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} The State appeals from the district court’s order of suppression pursuant to NMSA 1978, Section 39-3-3(B)(2) (1972), which authorizes state appeals from suppression rulings. At issue is the admissibility of out-of-court statements allegedly made by Defendant Roberto Hernandez, which were heard by Officer J. Saavedra, as well as statements made by Officer Saavedra to others. We address (1) whether the court erred in excluding the statements as the tainted product of a Miranda violation, and (2) whether the statements were otherwise properly excluded because their…
2Cases cited20 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Davis v. WashingtonSupreme Court of the United States · 2006
- State v. GallegosNew Mexico Supreme Court · 2007
- State v. DedmanNew Mexico Supreme Court · 2004
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3Cited by3 opinions
- State v. TellesNew Mexico Court of Appeals · 2011
- State v. ChavezNew Mexico Court of Appeals · 2017
- State v. DaughertyNew Mexico Supreme Court · 2013