Legal Opinion
State v. Mendez
New Mexico Supreme Court
Decided October 7, 2010No. 31,723PublishedCited by 30 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} Under State v. Ortega, 2008-NMCA-001, ¶¶ 16-27, 143 N.M. 261, 175 P.3d 929, hearsay statements made to a nurse of the sexual assault nurse examiner program (SANE), during an examination of a victim of alleged sexual abuse, are rarely admissible at trial, even if some of those statements pertain to “medical diagnosis or treatment” under Rule 11-803(D) NMRA, and even if the declarant testifies at trial. We conclude that Ortega went too far in its hearsay analysis and in categorically excluding statements made to SANE nurses. We reverse the evidentiary ruling of the…
2Cases cited20 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Davis v. WashingtonSupreme Court of the United States · 2006
- White v. IllinoisSupreme Court of the United States · 1992
- United States v. John Louis Iron Shell, Jr.Court of Appeals for the Eighth Circuit · 1980
- United States v. Harvey M. RenvilleCourt of Appeals for the Eighth Circuit · 1985
15 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State v. TollardoNew Mexico Supreme Court · 2012
- State v. MillerSupreme Court of Kansas · 2011
- State v. SamoraNew Mexico Supreme Court · 2013
- Perry v. StateIndiana Court of Appeals · 2011
- State v. GonzalesNew Mexico Court of Appeals · 2012
25 more not listed; retrieve them via the Exa API.