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STATE v. SMITH

No. 31,265.

308 P.3d 135 (2013)

2013-NMCA-081

STATE of New Mexico, Plaintiff-Appellee, v. Vernard SMITH, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, June 25, 2013, No. 34,112.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, James W. Grayson , Assistant Attorney General, Santa Fe, NM, for Appellee.

Bennett J. Baur , Acting Chief Public Defender, J.K. Theodosia Johnson , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

KENNEDY, Chief Judge.

{1} This case requires us to determine whether the district court erred in permitting an analyst from the State's Scientific Laboratory Division (SLD) to testify at trial via a video conference as to the conduct and results of a blood test. We hold that the district court did not establish the requisite necessity for allowing video testimony in lieu of live testimony and, as a result, Defendant's rights under the...

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