Legal Opinion
State v. Stephen F.
New Mexico Court of Appeals
Decided January 9, 2007No. 24,007PublishedCited by 6 opinions
1Opinion of the Court
OPINION
FRY, Judge.
{1} In this case we consider the tension between an accused’s confrontation rights and our rape shield statute, which precludes admission of evidence of a witness’s past sexual conduct under certain circumstances. Stephen F. (Child) appeals his convictions for two counts of criminal sexual penetration and argues that the trial court erred in excluding evidence of the State’s main witness’s past sexual activities, which according to Child, showed the witness’s motive to fabricate. We conclude that Child made the requisite showing under State v. Johnson, “establish[ing] a…
2Cases cited10 opinions
- Davis v. AlaskaSupreme Court of the United States · 1974
- Olden v. KentuckySupreme Court of the United States · 1988
- State v. PulizzanoWisconsin Supreme Court · 1990
- Commonwealth v. StockhammerMassachusetts Supreme Judicial Court · 1991
- Hartford Insurance v. ClineNew Mexico Supreme Court · 2006
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3Cited by6 opinions
- State v. STEPHEN F.New Mexico Supreme Court · 2008
- State v. PaytonNew Mexico Court of Appeals · 2007
- State v. STEPHEN F.New Mexico Court of Appeals · 2007
- State v. AguilarNew Mexico Court of Appeals · 2013
- State v. DavisNew Mexico Court of Appeals · 2011
1 more not listed; retrieve them via the Exa API.