Legal Opinion
State v. Montoya
New Mexico Supreme Court
Decided August 21, 2014No. Docket 33,592PublishedCited by 16 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} Once again, we are tasked with unraveling the confusing interplay between an accused’s Sixth Amendment right “to be confronted with the witnesses against him,” and our rape shield law designed to protect a victim’s privacy. U.S. Const, amend. VI, NMSA 1978, Section 30-9-16 (1993). Here, the alleged victim, the accused’s girlfriend, was the sole material witness against him for the crime of kidnapping with the intent to commit a sexual offense. On cross-examination, the accused wanted to ask her particular questions about their sexual relationship to demonstrate a…
2Cases cited18 opinions
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Davis v. AlaskaSupreme Court of the United States · 1974
- Chambers v. MississippiSupreme Court of the United States · 1973
- Crane v. KentuckySupreme Court of the United States · 1986
- State v. AttawayNew Mexico Supreme Court · 1994
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. MaestasNew Mexico Supreme Court · 2018
- State v.ThomasNew Mexico Supreme Court · 2016
- State v. Jesenya O.New Mexico Supreme Court · 2022
- State v. SloanNew Mexico Supreme Court · 2019
- State v. MaxwellNew Mexico Court of Appeals · 2016
11 more not listed; retrieve them via the Exa API.