State v. Lopez
2013 NMSC 047
N.M.2013Background
- Lopez was stopped for speeding and arrested for driving with a suspended license.
- During an arrest search, a bag with green leafy substance and another bag with white powder suspected to be cocaine were found.
- At a Rule 6-202 preliminary examination, a written forensic report identifying the white powder as cocaine and the leafy substance as marijuana was admitted over confrontation objections.
- The magistrate admitted the report under Rule 6-608(A) and allowed witnesses to testify; the court found probable cause and bound the case over.
- Lopez moved to dismiss/remand for lack of jurisdiction due to confrontation rights violation; the district court denied the motion.
- Lopez pled guilty to possession with intent to distribute cocaine, reserving the right to appeal the denial; the Court of Appeals certified direct review to the New Mexico Supreme Court to address confrontation rights at pretrial probable cause determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether confrontation rights apply at pretrial probable cause determinations | Lopez | Lopez | Confrontation rights do not apply at preliminary examinations |
| Whether the NM Constitution's confrontation clause is a trial right not applicable pretrial | Lopez | Lopez | NM Constitution follows federal law; trial-right applicability limits pretrial proceeding |
| Whether Mascarenas should be overruled | Lopez | Lopez | Mascarenas overruled; confrontation is a trial right not required at probable cause determinations |
Key Cases Cited
- State v. Mascarenas, 80 N.M. 537 (1969-NMSC-116) (confrontation at pretrial probable cause determination)
- Rivera v. State, 144 N.M. 836 (2008-NMSC-056) (confrontation not required at pretrial suppression hearings)
- Crawford v. Washington, 541 U.S. 36 (2004) (trial-right scope of Confrontation Clause)
- Pennsylvania v. Ritchie, 480 U.S. 39 (1987) (Confrontation as a trial right; held applicable to federal proceedings)
- United States v. Raddatz, 447 U.S. 667 (1980) (lesser pretrial process may have reduced protections)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011) (forensic report must be cross-examined at trial)
- Reed v. State ex rel. Ortiz, 124 N.M. 129 (1997-NMSC-055) (excluder for extradition/rendition hearings, nontrial)