STATE of New Mexico, Plaintiff-Respondent,
v.
Donald BULLCOMING, Defendant-Petitioner.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
February 12, 2010.
February 12, 2010.
Attorney(s) appearing for the Case
Hugh W. Dangler, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.
Gary K. King, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Respondent.
Elizabeth A. Trickey, Santa Fe, NM, for Amicus Curiae, New Mexico Department of Health, Scientific Laboratory Division.
Supreme Court of New Mexico.
OPINION
MAES, Justice.
{1} Defendant, Donald Bullcoming, appeals his conviction of aggravated DWI, a fourth-degree felony, contrary to NMSA 1978, Section 66-8-102 (2005, prior to amendments through 2008). Of the three issues that Defendant raises, the main question presented in this appeal is whether a laboratory report of Defendant's blood draw results is testimonial evidence subject to the Confrontation Clause. We first addressed this issue...
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