State v. Martinez

OPINION

DANIELS, Justice.

{1} In this case, we address the conceptually distinct, but often confusing, rules regulating admissibility of character testimony (1) as substantive evidence of relevant out-of-court conduct of a criminal defendant under Rule 11-404(A)(1) NMRA, and (2) as impeachment and rehabilitation evidence relating to testimonial credibility of any witness, including a defendant, under Rule 11 — 608(A) NMRA. The Court of Appeals determined that the district court erroneously excluded Rule 11-404(A)(1) evidence of Defendant’s character for honesty and truthfulness as substantive…