STATE v. LOPEZ

No. 15920.

926 P.2d 784 (1996)

122 N.M. 459

STATE of New Mexico, Plaintiff-Appellee, v. Rick LOPEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied September 26, 1996 and October 2, 1996.


Attorney(s) appearing for the Case

Tom Udall, Attorney General and Margaret McLean, Ass't Attorney General, Santa Fe, for Plaintiff-Appellee.

T. Glenn Ellington, Chief Public Defender and Christopher Bulman, Ass't Appellant Defender, Santa Fe, for Defendant-Appellant.


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...

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