Legal Opinion

State v. Rivera

New Mexico Supreme Court

Decided September 9, 2008No. 30,542PublishedCited by 36 opinions

1Opinion of the Court

OPINION

BOSSON, Justice.

{1} In this appeal we conclude that the Sixth Amendment rights of an accused to confront and cross-examine witnesses at trial do not extend to pretrial hearings on a motion to suppress evidence. The Court of Appeals, relying on its earlier holding in State v. Hensel, 106 N.M. 8, 738 P.2d 126 (Ct.App.1987), reached a different conclusion, which we reverse. We remand to the Court of Appeals for further proceedings.

BACKGROUND

{2} Defendant Erica Rivera moved to suppress the evidence against her, claiming it had been seized in violation of her rights under the Fourth…

2Cases cited23 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. United States v. RaddatzSupreme Court of the United States · 1980
  4. United States v. MatlockSupreme Court of the United States · 1974
  5. United States v. JacobsenSupreme Court of the United States · 1984

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

3Cited by36 opinions

  1. State v. DalyNebraska Supreme Court · 2009
  2. State v. BullcomingNew Mexico Supreme Court · 2010
  3. State v. TimmermanUtah Supreme Court · 2009
  4. State v. CroccoNew Mexico Supreme Court · 2014
  5. State v. SlaytonNew Mexico Supreme Court · 2009

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

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