Kipnis v. Jusbasche

OPINION

BUSTAMANTE, Judge.

{1} Plaintiffs filed suit against Defendants for fraud, constructive fraud, and conversion based on Defendants’ failure to tell them that Defendant Jusbasche had pled nolo contendere to a charge of theft of trade secrets nineteen years earlier. The district court dismissed the complaint on the ground that Rule 11-410(A)(2) NMRA prohibited admission of evidence of the plea and related judgment. We hold that the rule does not prohibit admission of the plea of nolo contendere and related judgment when they are not offered as proof of guilt. Consequently, we reverse that…