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STATE v. FORBES

No. 29,111.

119 P.3d 144 (2005)

2005-NMSC-027

STATE of New Mexico, Petitioner, v. Hon. Jay W. FORBES, District Judge, Respondent, and Ralph Rodney Earnest, Real Party in Interest.

Supreme Court of New Mexico.

Rehearing Denied August 26, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Steven S. Suttle, Assistant Attorney General, Albuquerque, NM, for Petitioner.

Patricia A. Madrid, Attorney General, David K. Thomson, Assistant Attorney General, Santa Fe, NM, for Respondent.

Gary C. Mitchell, Ruidoso, NM, J. Thomas Sullivan, Little Rock, AR, John Bigelow, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, NM, for Real Party in Interest.

OPINION

CHÁVEZ, Justice.

{1} On March 8, 2004, the United States Supreme Court issued Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (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, 124 S.Ct...

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