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STATE v. HENDERSON

No. 24,850.

136 P.3d 1005 (2006)

139 N.M. 595

2006-NMCA-059

STATE of New Mexico, Plaintiff-Appellee, v. Calupp HENDERSON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 25, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Appellee.

John Bigelow, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Denied, No. 29,702, May 25, 2006.

OPINION

VIGIL, Judge.

{1} This case requires us to determine whether the admission of preliminary hearing testimony of an unavailable witness at Defendant's trial violated the Confrontation Clause of the Sixth Amendment under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and whether Defendant was entitled to a mistrial when a witness...

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