Legal Opinion
State v. Lopez
New Mexico Court of Appeals
Decided July 22, 1996No. 15920PublishedCited by 15 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
1. In this case we examine the application of the excited utterance exception to the hearsay rule and the impact of the confrontation and due process clauses on the admissibility of statements which are exceptions to the hearsay rule. We hold that, under the New Mexico Constitution, the State must make a two-pronged showing of (1) necessity and (2) reliability before out-of-court declarations may be admitted against a defendant in a criminal case. We also hold that the showing made in this case was sufficient.
FACTS
2. In the early morning hours of February 27, 1994,…
2Cases cited28 opinions
- Ohio v. RobertsSupreme Court of the United States · 1980
- Liteky v. United StatesSupreme Court of the United States · 1994
- California v. GreenSupreme Court of the United States · 1970
- White v. IllinoisSupreme Court of the United States · 1992
- United States v. InadiSupreme Court of the United States · 1986
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3Cited by15 opinions
- State v. BranchSupreme Court of New Jersey · 2005
- State v. SalgadoNew Mexico Supreme Court · 1999
- State v. BalderamaNew Mexico Supreme Court · 2004
- State v. TorresNew Mexico Supreme Court · 1998
- State v. RomanNew Mexico Court of Appeals · 1998
10 more not listed; retrieve them via the Exa API.