New Mexico v. Largo
Annotate this CaseThis case required the New Mexico Supreme Court to apply the context-specific inquirt established by the federal Supreme Court in "Michigan v. Bryant" (131 S.Ct. 1143 (2011)) to evaluate whether an out-of-court statement was testimonial. Defendant Harrison Largo's main issues concerned the admission into evidence out-of-court statements by victim Freida Smith: portions of the 911 tape in which she communicated to the operator that Defendant shot her, and a sheriff's deputy's testimony that the victim identified Defendant as the one who shot her. Upon review, the New Mexico Supreme Court concluded that Defendant's confrontation rights were not violated by the admission of the victim's out-of-court statements that identified him as her shooter. The Court concluded those statements in this instance were not testimonial. Additionally, the Court concluded that the victim's statements were properly admitted as a dying declaration exception to the hearsay rule. Accordingly, the Court found sufficient evidence to support Defendant's conviction on first-degree murder charges, and affirmed the trial court's judgment.
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