New Mexico v. Tsosie (Published Opinion)
Annotate this CaseOn interlocutory appeal, the State challenged the Court of Appeals’ affirmance of the district court’s pretrial ruling that almost all statements made by Declarant Kimbro Talk to sexual assault nurse examiner (SANE) nurse Gail Starr were inadmissible as violating Defendant Oliver Tsosie’s confrontation rights under the Sixth Amendment. The district court concluded that Declarant’s statements sought by the State for use at Defendant’s trial were testimonial in nature, and thus inadmissible, pursuant to Crawford v. Washington, 541 U.S. 36 (2004) and Davis v. Washington, 547 U.S. 813 (2006). The New Mexico Supreme Court reversed and, without ruling on other considerations of admissibility, held that almost all of the excluded statements were nontestimonial in nature and thus did not violate Defendant’s rights under the Confrontation Clause.
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