(DOWNLOAD) "State v. Forbes" by In the Supreme Court of the State of New Mexico " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Forbes
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 30, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
1 On March 8, 2004, the United States Supreme Court issued Crawford v. Washington, 541 U.S. 36 (2004), holding that "[w]here testimonial evidence is at issue, . . . the Sixth Amendment demands what the common law required: unavailability and a prior opportunity for cross-examination." Id. at 68. We applied this principle in State v. Johnson, 2004-NMSC-029, 2, 7, 136 N.M. 348, 98 P.3d 998. Respondent, Ralph Rodney Earnest (Earnest), who in 1985 was convicted of murder, conspiracy to commit murder, kidnaping, conspiracy to distribute a controlled substance, and possession of a controlled substance, filed a Petition for Writ of Habeas Corpus seeking a new trial based on the holding in Crawford. The facts and posture of Earnests case present a unique reason for granting him a new trial on his convictions now over two decades old. In 1985 this Court, relying on existing United States Supreme Court precedent, reversed his convictions for the very rationale stated by the United States Supreme Court in Crawford: that the admission of a prior statement by an alleged accomplice violated Defendants rights under the Confrontation Clause because it deprived Defendant of meaningful cross-examination. State v. Earnest, 103 N.M. 95, 99, 703 P.2d 872, 876 (1985) (Earnest I). However, our holding in Earnest I was vacated by the United States Supreme Court with instructions that we apply the reliability analysis in Lee v. Illinois, 476 U.S. 530 (1986), a case decided more than one year after we decided Earnest I. New Mexico v. Earnest, 477 U.S. 648 (1986) (Earnest II). We subsequently applied the reliability analysis and affirmed Earnests convictions. State v. Earnest, 106 N.M. 411, 411, 744 P.2d 539, 539 (1987) (Earnest III).
 "State v. Forbes" by In the Supreme Court of the State of New Mexico " eBook PDF Kindle ePub Free){kind=link}