(DOWNLOAD) "State v. Christian" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Christian
- Author : New Mexico Court of Appeals
- Release Date : January 13, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Opinion BOSSON, Judge. Defendant appeals his conviction for driving while under the influence of intoxicating liquor (DWI), based upon a blood-alcohol level exceeding .10%. We discuss whether a blood-alcohol report from the Scientific Laboratory Division of the New Mexico Department of Health (state laboratory), can properly be admitted into evidence under the exceptions to the hearsay rule for business records and public records, where the author of the report does not testify. See SCRA 1986, 11-803(F) & (H) (Repl. 1994). We also discuss whether admission of this report violates Defendant's right to confrontation under the United States Constitution. We affirm Defendant's conviction based on that report. See NMSA 1978, § 66-8-102(A) & (C) (Cum. Supp. 1993) (effective until Jan. 1, 1994).