Legal Opinion
State v. Rivera
New Mexico Court of Appeals
Decided June 21, 2007No. 25,798PublishedCited by 3 opinions
1Opinion of the Court
OPINION
WECHSLER, Judge.
{1} The State of New Mexico appeals the district court’s order dismissing the indictment for possession of a controlled substance with intent to distribute or, alternatively, possession of a controlled substance. The district court suppressed evidence that a package addressed to Defendant Erica Rivera had been opened and contained marijuana. We conclude that the State’s evidence at the suppression hearing, which was largely double hearsay, was insufficient under State v. Hensel, 106 N.M. 8, 738 P.2d 126 (Ct.App.1987), and therefore violated Defendant’s right to…
2Cases cited32 opinions
- United States v. JacobsenSupreme Court of the United States · 1984
- Boone v. LightnerSupreme Court of the United States · 1943
- Campbell v. United StatesSupreme Court of the United States · 1961
- State v. BreitNew Mexico Supreme Court · 1996
- State v. WoinarowiczNorth Dakota Supreme Court · 2006
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3Cited by3 opinions
- State v. RiveraNew Mexico Supreme Court · 2008
- State v. RiveraNew Mexico Court of Appeals · 2009
- State v. RiveraNew Mexico Court of Appeals · 2007