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eBook details

• Title: State v. Callaway
• Author : New Mexico Court of Appeals
• Release Date : January 07, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

At the first trial, the victim testified that, prior to the attack, she spoke to State Police Officers Garcia and Medina concerning a month-long campaign of harassment and threats by defendant, co-defendant and an unidentified third man. The state believed the defense intended to call the officers for their testimony that they did not believe the victims allegations of harassment. The state made a motion in limine to exclude evidence concerning the officers opinions of the victims veracity. Defense counsel represented that he was planning to ask Officer Medina his opinion of the victims credibility. Counsel stated that he had not planned to ask Officer Garcia his opinion. The trial court granted the states motion, and instructed defense counsel to tell Officer Medina not to state his opinion. The trial court specifically told counsel that there would be an immediate mistrial if Officer Medina gave his opinion. Although the trial court directed counsel to inform only Officer Medina of his ruling, defense counsel was on notice that any opinion evidence concerning the victims credibility was prohibited. Defense counsel asked Officer Garcia on direct examination if he had done anything to dissuade the victim from filing a complaint. The witness responded that he had not dissuaded the victim, but that he had not believed what she was saying. The trial court immediately declared a mistrial. After the jury left the courtroom, the trial court stated its belief that counsel had been probing for the officers response. Counsel denied soliciting the response but admitted that he had not cautioned Officer Garcia about the courts ruling in limine. Defense counsel told the court he did not think Officer Garcia would volunteer such opinion so he had not discussed the courts admonition with him. The trial court noted that even if counsel had not acted intentionally, he violated his duty to inform the officer not to give his opinion.

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