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8 New Mexico opinions name it 2 courts 1998–2025 4 in the last five years
The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Gonzalesgreen2 sentences2002This Court previously has held that the penal interest exception to the hearsay rule is “a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause.” Torres, 1998-NMSC-052, ¶ 32 , 126 N.M. 477 , 971 P.2d 1267 ; accord State v. Toney, 2002-NMSC-003, ¶¶ 10-11 , 131 N.M. 558 , 40 P.3d 1002 ; Martinez-Rodriguez, 2001-NMSC-029, ¶27 , 131 N.M. 47 , 33 P.3d 267 ; Gonzales, 1999-NMSC-033, ¶ 19 , 128 N.M. 44 , 989 P.2d 419 . 2002This Court previously has held that the penal interest exception to the hearsay rule is “a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause.” Torres, 1998-NMSC-052, ¶ 32 , 126 N.M. 477 , 971 P.2d 1267 ; accord State v. Toney, 2002-NMSC-003, ¶¶ 10-11 , 131 N.M. 558 , 40 P.3d 1002 ; Martinez-Rodriguez, 2001-NMSC-029, ¶27 , 131 N.M. 47 , 33 P.3d 267 ; Gonzales, 1999-NMSC-033, ¶ 19 , 128 N.M. 44 , 989 P.2d 419 . | 2 | 3 |
Crawford v. Washingtongreen2 sentences2025Regarding whether the testimony had to be in court at all, the Court left open the possibility that a state’s more general public policy interest “in the physical and psychological well-being of child abuse victims may be sufficiently important to outweigh, at least in some cases, a defendant’s right to face his or her accusers in court.” Id. at 853 . 1We note that there is an open question regarding how Crawford’s elimination of the indicia of reliability test articulated in Ohio v. Roberts, 448 U.S. 56 (1980), abrogated by Crawford, 541 U.S. at 42 , 68-69 affects Craig’s public policy except 2025Both Section 30-9-17 and Rule 5-504 permit a pretrial, recorded 15 deposition of an alleged victim of sexual abuse who is under the age of sixteen. 16 Section 30-9-17(A) permits such a deposition “for a good cause shown,” while Rule 1 We note that there is an open question regarding how Crawford’s elimination of the indicia of reliability test articulated in Ohio v. Roberts, 448 U.S. 56 (1980), abrogated by Crawford, 541 U.S. at 42 , 68-69 affects Craig’s public policy exception. | 2 | 2 |
State v. Toneygreen2 sentences2002This Court previously has held that the penal interest exception to the hearsay rule is “a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause.” Torres, 1998-NMSC-052, ¶ 32 , 126 N.M. 477 , 971 P.2d 1267 ; accord State v. Toney, 2002-NMSC-003, ¶¶ 10-11 , 131 N.M. 558 , 40 P.3d 1002 ; Martinez-Rodriguez, 2001-NMSC-029, ¶27 , 131 N.M. 47 , 33 P.3d 267 ; Gonzales, 1999-NMSC-033, ¶ 19 , 128 N.M. 44 , 989 P.2d 419 . 2002This Court previously has held that the penal interest exception to the hearsay rule is “a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause.” Torres, 1998-NMSC-052, ¶ 32 , 126 N.M. 477 , 971 P.2d 1267 ; accord State v. Toney, 2002-NMSC-003, ¶¶ 10-11 , 131 N.M. 558 , 40 P.3d 1002 ; Martinez-Rodriguez, 2001-NMSC-029, ¶27 , 131 N.M. 47 , 33 P.3d 267 ; Gonzales, 1999-NMSC-033, ¶ 19 , 128 N.M. 44 , 989 P.2d 419 . | 1 | 1 |
GCM, Inc. v. Kentucky Central Life Insurancegreen2 sentences1998Co., 1997-NMSC-052 , ¶ 15, 124 N.M. 186 , 947 P.2d 143 ("[I]t is *1280 clear that tort liability for aiding and abetting a tortious action exists in New Mexico."). {32} For these reasons, we join a growing number of jurisdictions [5] and conclude that Rule 11-804(B)(3) is a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause. 1998Co., 1997-NMSC-052 , ¶ 15, 124 N.M. 186 , 947 P.2d 143 ("[I]t is *1280 clear that tort liability for aiding and abetting a tortious action exists in New Mexico."). {32} For these reasons, we join a growing number of jurisdictions [5] and conclude that Rule 11-804(B)(3) is a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Ohio v. Robertsred2 sentences2025Regarding whether the testimony had to be in court at all, the Court left open the possibility that a state’s more general public policy interest “in the physical and psychological well-being of child abuse victims may be sufficiently important to outweigh, at least in some cases, a defendant’s right to face his or her accusers in court.” Id. at 853 . 1We note that there is an open question regarding how Crawford’s elimination of the indicia of reliability test articulated in Ohio v. Roberts, 448 U.S. 56 (1980), abrogated by Crawford, 541 U.S. at 42 , 68-69 affects Craig’s public policy except 2025Both Section 30-9-17 and Rule 5-504 permit a pretrial, recorded 15 deposition of an alleged victim of sexual abuse who is under the age of sixteen. 16 Section 30-9-17(A) permits such a deposition “for a good cause shown,” while Rule 1 We note that there is an open question regarding how Crawford’s elimination of the indicia of reliability test articulated in Ohio v. Roberts, 448 U.S. 56 (1980), abrogated by Crawford, 541 U.S. at 42 , 68-69 affects Craig’s public policy exception. | 2 | 4 |
| Case | Cited | Years |
|---|---|---|
Lilly v. Virginia
green
2 sentences2022In addition, as a pre-Crawford case, Lilly, 527 U.S. at 135 , applied the indicia of reliability standard for confrontation under Ohio v. Roberts, 448 U.S. 56 (1980), which Crawford overturned. 50 1 a patient wants to report to police. 2022In addition, as a pre-Crawford case, Lilly, 527 U.S. at 135 , applied the indicia of reliability standard for confrontation under Ohio v. Roberts, 448 U.S. 56 (1980), which Crawford overturned. | 3 | 2002–2022 |
State v. Torres
red
2 sentences2002This Court previously has held that the penal interest exception to the hearsay rule is “a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause.” Torres, 1998-NMSC-052, ¶ 32 , 126 N.M. 477 , 971 P.2d 1267 ; accord State v. Toney, 2002-NMSC-003, ¶¶ 10-11 , 131 N.M. 558 , 40 P.3d 1002 ; Martinez-Rodriguez, 2001-NMSC-029, ¶27 , 131 N.M. 47 , 33 P.3d 267 ; Gonzales, 1999-NMSC-033, ¶ 19 , 128 N.M. 44 , 989 P.2d 419 . 2002This Court previously has held that the penal interest exception to the hearsay rule is “a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause.” Torres, 1998-NMSC-052, ¶ 32 , 126 N.M. 477 , 971 P.2d 1267 ; accord State v. Toney, 2002-NMSC-003, ¶¶ 10-11 , 131 N.M. 558 , 40 P.3d 1002 ; Martinez-Rodriguez, 2001-NMSC-029, ¶27 , 131 N.M. 47 , 33 P.3d 267 ; Gonzales, 1999-NMSC-033, ¶ 19 , 128 N.M. 44 , 989 P.2d 419 . | 3 | 2001–2002 |
Maryland v. Craig
green
1 sentence2025Regarding whether the testimony had to be in court at all, the Court left open the possibility that a state’s more general public policy interest “in the physical and psychological well-being of child abuse victims may be sufficiently important to outweigh, at least in some cases, a defendant’s right to face his or her accusers in court.” Id. at 853 . 1We note that there is an open question regarding how Crawford’s elimination of the indicia of reliability test articulated in Ohio v. Roberts, 448 U.S. 56 (1980), abrogated by Crawford, 541 U.S. at 42 , 68-69 affects Craig’s public policy except | 1 | 2025–2025 |
State v. Martinez-Rodriguez
green
2 sentences2002This Court previously has held that the penal interest exception to the hearsay rule is “a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause.” Torres, 1998-NMSC-052, ¶ 32 , 126 N.M. 477 , 971 P.2d 1267 ; accord State v. Toney, 2002-NMSC-003, ¶¶ 10-11 , 131 N.M. 558 , 40 P.3d 1002 ; Martinez-Rodriguez, 2001-NMSC-029, ¶27 , 131 N.M. 47 , 33 P.3d 267 ; Gonzales, 1999-NMSC-033, ¶ 19 , 128 N.M. 44 , 989 P.2d 419 . 2002This Court previously has held that the penal interest exception to the hearsay rule is “a firmly rooted hearsay exception for purposes of satisfying the indicia of reliability requirement of the Confrontation Clause.” Torres, 1998-NMSC-052, ¶ 32 , 126 N.M. 477 , 971 P.2d 1267 ; accord State v. Toney, 2002-NMSC-003, ¶¶ 10-11 , 131 N.M. 558 , 40 P.3d 1002 ; Martinez-Rodriguez, 2001-NMSC-029, ¶27 , 131 N.M. 47 , 33 P.3d 267 ; Gonzales, 1999-NMSC-033, ¶ 19 , 128 N.M. 44 , 989 P.2d 419 . | 1 | 2002–2002 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.